Interim Report - REPORT_NO328, June 2002

1. 84. The Committee last examined this case at its March 2002 meeting [see 327th Report, paras. 327-344]. The International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 6 February, 5 March and 4 April 2002; the World Federation of Trade Unions in communications dated 17 January, 15 and 26 February and April 2002; the Union of State Workers of Colombia (UTRADEC) in a communication of 5 March 2002; the Single Confederation of Workers of Colombia (CUT) in a communication of 19 March 2002 and the National Union of Workers in the Rubber, Plastic, Polyethylene, Polyurethane, Synthetic Substances Processing Industry, and Parts and Derivatives of Such Processes (SINTRAINCAPLA) dated 5 April 2002. The Government sent its observations in communications dated 15 March and 9 April 2002.
2. 85. Colombia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 86. At its March 2002 meeting, the Committee made the following recommendations on the allegations that were still pending which, for the most part, referred to acts of violence against trade union members and acts of anti-union discrimination [see 327th Report, para. 344]:
   • (a) the Committee once again urges the Government:
2. (1) to initiate inquiries into all the violent acts listed, both those corresponding to the previous examination of the case and those that are current (murders, attempted murders, abductions and disappearances, death threats and detentions);
3. (2) to take the necessary steps to end the intolerable situation of impunity and to punish those responsible for the numerous acts of violence and to achieve, once and for all, provable results in disbanding the paramilitary groups and other violent revolutionary groups.
   • (b) The Committee deeply regrets that the Government has not sent the information requested relating to the activities and results of the subcommission created to clarify the enormous divergences in the figures given for trade union officials and members murdered. The Committee strongly urges the Government to keep it informed of the situation.
   • (c) Regarding the allegations of ASODEFENSA relating to: (a) the refusal to grant permission for trade union activities; (b) the prohibition to circulate bulletins, news-sheets and pamphlets containing trade union information, to post trade union information on notice boards, to allow meetings to take place or to speak of trade union matters; (c) the anti-union dismissals, transfers and harassment for belonging to ASODEFENSA of Delfirio Peñaloza Ruiz, Fernando Matiz Olaya, Alberto González García, Luis Abul Manrique, José Joaquín Moreno Durán and Jorge Eliécer Núñez Rodríguez, among others; and (d) the disregard for the trade union immunity of Graciela Martínez and Cenelly Arias Ortiz, the Committee requests the Government to send its observations.
   • (d) Regarding the further allegations of ASODEFENSA of anti-union discrimination, the Committee requests the Government to take steps to initiate immediately the appropriate inquiries and to keep it informed of developments.
   • (e) Regarding the refusal to extend protection to trade union offices, trade union officials and their families against threats of violence and death, the Committee requests the Government promptly to take the necessary steps to guarantee the material security of trade union offices and the physical safety of trade union officials and their families, and to send its observations in this respect.
   • (f) Regarding the objections of ASODEFENSA to Decree Law No. 1792 of 14 September 2000, the Committee requests the Government to take the necessary legislative measures to bring Decree Law No. 1792 of 14 September 2000 into line with the principles of freedom of association.
   • (g) The Committee requests the Government to relate all the facts available to it which could contribute to clarify the motives for the acts of violence, the circumstances within which they have been committed and the persons involved on a case-by-case basis. For this purpose, it would be advisable to deal specifically with situations in which violence against trade union members is very intensive --or example, in the sectors including education, the petroleum industry, the health services, as well as municipal and departmental administrations. Information should also refer to regions where violence occurs most frequently, such as the departments of Valle del Cauca and Antioquía and the municipality of Barrancabermeja, especially Empresa de Colombia de Petroleos and Empresa de gases de Barrancabermeja. The Committee also requests the Government to relate all the facts available to it which could help to explain the impunity of acts of violence against trade union members. The Committee once again reminds the Government of its responsibility for the protection of workers against acts of violence and for a proper factual and analytical assessment of each and every crime committed. The Committee suggests that the complainants and the Government seek technical assistance from the Office for this assessment.

B. New allegations

1. 87. The new allegations refer to the following matters:
   • Murders
2. (1) Jaime Ramírez, member of the Union of Local Government Officials and Public Employees of Antioquía (SINTRAOFAN), on 2 June 2001 in Antioquía, by paramilitaries;
3. (2) Libardo de Jesús Usme Salazar, member of the Union of Official Workers (SINTRAOFICIALES), on 5 June 2001 in Villavicencio;
4. (3) Armando Buitrago Moreno, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 6 June 2001;
5. (4) Julián Ricardo Muñoz, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 6 June 2001 in Bogotá;
6. (5) Carlos Alberto Vidal Hernández, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 11 June 2001 in Bogotá;
7. (6) Edgar Thomas Angarita Mora, activist of the Arauca Teachers’ Association (ASEDAR), on 11 June 2001 in Barrancones;
8. (7) Fabio Eliécer Guio García, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 19 June 2001 in Neiva by FARC;
9. (8) Luz Marina Torres, Riseralda Teachers’ Union, on 22 June 2001 in Risaralda;
10. (9) Cristóbal Uribe Beltrán, member of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC), on 28 June 2001 in Tibu, by paramilitaries;
11. (10) Eduardo Edilio Alvarez Escudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 2 July 2001 in Antioquía, by guerrillas;
12. (11) William Mario Upegui Tobón, member of the Antioquía Teachers’ Association, on 9 July 2001, in Antioquía;
13. (12) Luciano Zapata Agudelo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 10 July 2001;
14. (13) Hernando Jesús Chica, activist in the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES), on 13 July 2001, by paramilitaries;
15. (14) Luis María Rubio Espinel, member of the North Santander Teachers’ Trade Union Association (ASINORTH), on 15 July 2001 in Cúcuta;
16. (15) Margort Pisso Rengifo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 17 July 2001 in Popayán;
17. (16) Ramón Chaverra Robledo, member of the Union of Local Government Officials and Public Employees of Antioquía (SINTRAOFAN), on 19 July 2001 in Antioquía, by paramilitaries;
18. (17) Fidel Seguro, member of the Union of Local Government Officials and Public Employees of Antioquía (SINTRAOFAN), on 19 July 2001 in Antioquía, by paramilitaries;
19. (18) Prasmacio Arroyo, activist of the Magdalena Teachers’ Union (SINTRASMAG), on 26 July 2001 in Magdalena;
20. (19) Hernando Arcila Ramírez, member of the Guaviare Teachers’ Association (ADEG), on 1 August 2001 in Guaviare;
21. (20) Luz Amparo Torres Agudelo, member of the Antioquía Teachers’ Association (ADIDA), on 2 August 2001 in Antioquía;
22. (21) Efraín Toledo Guevara, member of the Caquetá Teachers’ Association (AICA), on 5 August 2001 in Caquetá;
23. (22) Nancy Tez, activist of the El Valle Single Union of Education Workers (SUTEV), on 5 August 2001 in Valle del Cauca, by paramilitaries;
24. (23) Jorge Antonio Alvarez Vélez, member of the Single Union of Workers in the Construction Materials Industry (SUTIMAC), on 6 August 2001 in Antioquía;
25. (24) Angela Andrade; activist in the Union of Workers in Children’s Homes of Colombia, on 6 August 2001 in Nariño, by paramilitaries;
26. (25) José Padilla Morales; member of the César Teachers’ Association, on 8 August 2001 in Aguachica;
27. (26) Luis Pérez Ríos, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 9 August 2001 in Quindío;
28. (27) Hugo López Cáceres, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 14 August 2001 in Barranquilla;
29. (28) Gloria Isabel García, member of the Risaralda Teachers’ Union (SER), on 16 August 2001 in Risaralda;
30. (29) Miryam de Jesús Ríos Martínez, member of the Antioquía Teachers’ Association, on 16 August 2001 in Antioquía;
31. (30) César Bedoya Ortiz, activist of the Association of University Teachers (ASPU), on 16 August 2001 in Bolívar;
32. (31) César Arango Mejía, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 24 August 2001 in Risaralda;
33. (32) Ricardo Monroy Marín, official of the Incora Workers’ Union (SINTRADIN), on 25 August 2001 in Tolima;
34. (33) Jorge Freite Romero, member of the Association of Pensioners of Atlántico University (ASOJUA), on 29 August 2001 in Barranquilla, by paramilitaries;
35. (34) Luis Ernesto Camelo, activist of the Santander Teachers’ Union (SES), on 2 September 2001 in Santander, by paramilitaries;
36. (35) Marcelina Sladarriaga, activist of the Antioquía Teachers’ Association (ADIDA), on 5 September 2001 in Antioquía;
37. (36) Rafael Pineda, President of the Barbosa Branch of the Union of Bank Employees (UNEB), on 8 September 2001 in Santander;
38. (37) Juan Eudes Molina Fuentes, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 9 September 2001 in Guajira;
39. (38) Gilberto Arbeláez Sánchez, member of the subcommittee of the Antioquía Teachers’ Association (ADIDA), on 9 September 2001 in Antioquía;
40. (39) Luis Alfonso Aguirre, activist of the Single National Federation of Workers in the Mining, Power, Engineering, Chemical and Similar Industries of Colombia (FUNTRAENERGETICA), on 10 September 2001 in Antioquía;
41. (40) Juan Diego Londoño Restrepo, Secretary of the Continental Ceramic Workers’ Union, on 11 September 2001 in Antioquía, by paramilitaries;
42. (41) Hernando de Jesús Montoya Urrego, activist of the Antioquía Teachers’ Association (ADIDA), on 13 September 2001 in Antioquía, by paramilitaries;
43. (42) Alga Rosa García Marín, member of ANTHOC, on 17 September 2001 in Antioquía;
44. (43) Jacobo Rodíguez, member of the Caquetá Teachers’ Association, on 18 September 2001 in Caquetá, by paramilitaries;
45. (44) Yolanda Cerón Delgado, member of the Nariño Teaching Union (SIMANA), on 18 September 2001, by paramilitaries;
46. (45) Juan David Corzo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 20 September 2001 in Cúcuta, by paramilitaries;
47. (46) Bibiana María Gómez Bedoya, member of the Antioquía Teachers’ Association (ADIDA), on 22 September 2001 in Antioquía;
48. (47) Jenny Romero Rojas, ANTHOC, on 23 September 2001 in Meta;
49. (48) Antonio Mesa, member of the Union of University Workers (SINTRAUNICOL), on 25 September 2001 in Barranquilla, by paramilitaries;
50. (49) Germán Elías Madrigal, member of the Antioquía Teachers’ Association, on 28 September 2001 in Antioquía;
51. (50) Plutarco Herrera Gómez, member of the Claims Committee of the National Union of Cargo Handlers in Colombian Maritime Ports, on 30 September 2001 in Valle del Cauca, by paramilitaries;
52. (51) Servando Lerma, member of the Petroleum Industry Workers’ Trade Union (USO), on 10 October 2001 in Santander;
53. (52) Luz Mila Rincón, ANTHOC, on 10 October 2001 in Tolima, by paramilitaries;
54. (53) Gustavo Castellón Fuentes, activist of the Union of Family Benefit Fund Workers of Barrancabermeja (SINALTRACOFAN), on 20 October 2001 in Barrancabermeja, by paramilitaries;
55. (54) Jesús Agreda Zambrano, activist of the Nariño Teaching Union (SIMANA), on 20 October 2001, by paramilitaries;
56. (55) Expedito Chacón, ANTHOC, on 24 October 2001 in Santander;
57. (56) Milena Pereira Plata, ASINORTH, on 30 October 2001 in Santander, by FARC;
58. (57) Edith Manrique, activist of Caldas Teachers’ United (EDUCAL), on 6 November 2001 in Caldas, by paramilitaries;
59. (58) Eriberto Sandoval, member of the National United Federation of Agricultural Workers (FENSUAGRO), on 11 November 2001 in Ciénaga, by paramilitaries;
60. (59) Eliécer Orozco, FENSUAGRO, on 11 November 2001 in Ciénaga, by paramilitaries;
61. (60) Jorge Julio Céspedes, activist of Caldas Teachers’ United (EDUCAL), on 24 November 2001 in Caldas, by paramilitaries;
62. (61) María Leida Montoya, activist of the Antioquía Teachers’ Association, on 30 November 2001 in Antioquía;
63. (62) Luis Alfonso Gaviria Meneses, activist of SINTRAEMSDES, on 30 November 2001 in Antioquía, by paramilitaries;
64. (63) Luz Carmen Preciado, activist of the Nariño Teaching Union (SIMANA), on 30 November 2001 in Nariño, by FARC;
65. (64) Santiago González, SIMANA, 30 November 2001 in Nariño, by FARC;
66. (65) Herlindo Blando, member of the Union of Teachers and Lecturers of Boyacá, on 1 December 2001 in Boyacá, by paramilitaries;
67. (66) Generoso Estrada Saldarriaga, member of the Union of Electricity Workers of Colombia (SINTRELECOL), on 4 December 2001 in Antioquía;
68. (67) Germán Dario Ortiz Restrepo, member of the Antioquía Teachers’ Association (ADIDA), on 7 December 2001 in Antioquía;
69. (68) Alberto Torres, member of the Antioquía Teachers’ Association (ADIDA), on 12 December 2001 in Antioquía;
70. (69) James Estrada, activist of the Antioquía Teachers’ Association (ADIDA), on 13 December 2001 in Antioquía;
71. (70) José Raúl Orozco, President of the Continental Ceramic Workers’ Union, on 14 December 2001 in Antioquía, by paramilitaries;
72. (71) Jairo Antonio Chima, SINTRAEMSDES, on 22 December 2001 in Antioquía, by paramilitaries;
73. (72) Eduardo Alfonso Suárez Díaz, delegate of the Petroleum Industry Workers’ Trade Union (USO), on 23 December 2001 in Antioquía, by paramilitaries;
74. (73) Iván Velasco Vélez, Union of University Workers, on 27 December 2001 in Valle del Cauca, by paramilitaries;
75. (74) Bertilda Pavón, member of ANTHOC, on 2 January 2002 in Valledupar, by paramilitaries;
76. (75) Carlos Arturo Alarcón, member of the Antioquía Teachers’ Association (ADIDA), on 12 January 2002 in Antioquía;
77. (76) Rubén Arenas, member of the Antioquía Teachers’ Association (ADIDA), on 16 January 2002 in Antioquía;
78. (77) Rubí Moreno, member of ANTHOC, on 20 January 2002 in César, by paramilitaries;
79. (78) Víctor Alberto Triana, Association of Employees of ECOPETROL (ADECO), on 21 January 2002, by paramilitaries; Carlos Padilla, President of the Union of Workers in the Fray Luis de León Hospital, member of the General Confederation of Democratic Workers and UTRADEC, on 28 January 2002, in the municipality of Plato Magdalena, after being the victim of threats;
80. (79) Carmen Elena García Rodríguez, organization secretary of the Municipal Executive Board of the César Health Union (SIDESC), shot dead when she was leaving her work at the Eduardo Arredondo Daza Hospital in the town of Valledupar, on 29 January 2002;
81. (80) Walter Oñate, in the same circumstances as the previous;
82. (81) Jairo Alonso Giraldo, activist of the Antioquía Teachers’ Association, on 1 February 2002, in Antioquía;
83. (82) Gloria Eudilia Riveros Rodríquez, teacher at the Inocencio Chincá College in the municipality of Tame, in a FARC attack on the police station in the municipality of Tame, on 2 February 2002;
84. (83) Oscar Jaime Delgado Valencia, teacher at the Camilo Torres de Armenia College, department of Quindío, shot dead on 4 February 2002;
85. (84) Oswaldo Enrique Borja Martínez, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 6 February 2002 in Sucre, by paramilitaries;
86. (85) Henry Mauricio Neira, member of ANTHOC, on 7 February 2002 in Arauca;
87. (86) Nohora Elsy López, official of the National Union of Childcare Workers in Welfare Homes, on 7 February 2002 in Antioquía, by paramilitaries;
88. (87) Adolfo Florez Rico, activist of the National Union of Workers in the Construction Industry (SINDICONS), on 7 February 2002 in Antioquía, by paramilitaries;
89. (88) Julio Galaneo, community leader and former employee of EMCALI, shot dead on 11 February 2002. His wife, also a trade union activist, escaped unhurt from the attack;
90. (89) Angela María Rodríquez Jaimes, member of the Santander Teachers’ Union (SES-CUT), in the municipality of Piedecuesta, Department of Santander, shot dead on 12 February 2002;
91. (90) Néstor Rincón Quinceno, Riseralda Teachers’ Union, on 14 February 2002;
92. (91) Alfredo González Páez, member of the Association of Employees of INPEC (ASEINPEC), on 15 February 2002 in Tolima, by paramilitaries;
93. (92) Oswaldo Meneses Jiménez, ASEINPEC, on 15 February 2002 in Tolima, by paramilitaries;
94. (93) Barqueley Ríos Mena, member of the Antioquía Teachers’ Association, on 16 February 2002 in Antioquía;
95. (94) Juan Manuel Santos Rentería, member of the Antioquía Teachers’ Association, on 16 February 2002 in Antioquía;
96. (95) Fernando Cabrales, President of the National Haulage Federation, on 18 February 2002 in Valle del Cauca, by paramilitaries;
97. (96) José Wilson Díaz, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), on 21 February 2002 in Huila, by FARC;
98. (97) Cecilia Gallego, Secretary for Women’s Affairs of the Executive Committee of Colombian Farmers’ Action (ACC), in the municipality of Macarena, on 25 February 2002;
99. (98) Hugo Ospina Ríos, member of the Risaralda Teachers’ Union (SER), on 26 February 2002 in Risaralda;
100. (99) Marcos Antonio Beltrán, activist of SUTEV, on 1 March 2002 in Valle del Cauca;
101. (100) Roberto Carballo, member of the National Association of Civil Servants and Judicial Employees (ASONAL), on 6 March 2002 in Bolívar;
102. (101) Juan Montiel, member of the Ciénaga subcommittee of the National Union of Farmworkers (SINTRAINAGRO), Department of Magdalena, on 7 March 2002;
103. (102) Emilio Villeras Durán, member of the Ciénaga subcommittee of the National Union of Farmworkers (SINTRAINAGRO), Department of Magdalena, on 7 March 2002;
104. (103) Alirio Garzón Córdoba, member of the National Union of Workers in the Registry of Births, Marriages and Deaths (SINTRAREGINAL), on 10 March 2002 in Huila;
105. (104) Carlos Alberto Molano, SINTRAREGINAL, on 10 March 2002 in Huila;
106. (105) Eduardo Chinchilla Padilla, activist of the Union of Workers in the Oil Palm and Related Industries (SINTRAPALMA-CUT), on 11 March 2002;
107. (106) Luis Omar Castillo, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), at the Río Bobo Electricity Generating Station, in the Department of Nariño, on 20 March 2002, by paramilitaries;
108. (107) Juan Bautista Cevallos, member of the Union of Electricity Workers of Colombia (SINTRAELECOL), at the Río Bobo Electricity Generating Station, in the Department of Nariño, on 20 March 2002, by paramilitaries;
109. (108) Rafael Jaimes Torra, Treasurer of the Barrancabermeja subcommittee was accompanied by his 16 year-old nephew, Germán Augusto Torres Martínez, who also died, in Barrancabermeja, Department of Santander, on 20 March 2002;
110. (109) Ernesto Alfonso Giraldo Martínez, prosecutor delegate of the Antioquía Teachers’ Association (ADIDAS-CUT), was shot and seriously wounded on 21 March 2002. On 22 March, when he was being transferred to the San Vicente Hospital in Medellín, he was taken from the ambulance and murdered by FARC;
111. (110) Alfredo Zapata Herrera, official of the of the Single Union of Workers in the Construction Materials Industry -- Santa Bárbara Branch (SUTIMAC-CUT), was abducted on 2 April and found dead on 3 April in Santa Bárbara; the trade union is being threatened by paramilitaries;
112. (111) Oscar Alfonso Jurado, official of the Union of Chemical Industry Workers, Yumbo Branch, Department of El Valle, on 8 April 2002, by extreme right groups;
113. (112) Hernán de Jesús Ortiza, member of the national board of the Single Confederation of Workers of Colombia, on 12 April 2002 in Celda, by paramilitaries;
114. (113) José Robeiro Pineda, former official of SINTRAELECOL, on 12 April 2002 in Celda, by paramilitaries.
     • Abductions and disappearances
115. (1) Gilberto Torres Martínez, Secretary-General of the single oil-pipeline subcommittee of the Petroleum Industry Workers’ Trade Union (USO), in the municipality of Monterrey by paramilitaries on 25 February 2002, and released on 7 April 2002;
116. (2) Hugo Alberto Peña Camargo, President of the Arauca Farmers’ Association (ACA), detained in the corregimiento (municipal zone) of Caño Verde, Department of Arauca, without a judicial warrant on 13 March 2002;
117. (3) José Orlando Céspedes García, official of the Arauca Teachers’ Association (ASEDAR), was abducted on the road to Tame, Department of Arauca, on 23 March 2002;
118. (4) José Pérez, member of the Petroleum Industry Workers’ Trade Union (USO), in Quebrada la Nata, Department of Casanare, on 25 March 2002, by paramilitaries;
119. (5) Hernando Silva, member of the Petroleum Industry Workers’ Trade Union (USO), in Quebrada la Nata, Department of Casanare, on 25 March 2002, by paramilitaries.
     • Attempted murders
120. (1) Albeiro Forero, official of the Cartago Municipal Workers’ Union (SINTRAMUNICIPIO), on 13 February 2002, was the victim of a shot fired by a paramilitary. He had already been a victim of murder attempts;
121. (2) A shot was fired on 14 February 2002 at the offices of the National Union of Food Industry Workers (SINTRAINAL).
     • Threats
122. (1) Alexander López Amaya, candidate for the Chamber of Representatives, and former President of SINTRAEMCALI;
123. (2) Luis Hernández, President of SINTRAEMCALI.

C. The Government’s reply

1. 88. In its communications dated 15 March and 9 April 2002, the Government sent extensive information in which it reiterates its previous observations on the causes of the violence, the perpetrators and their complexity, their efforts to combat this scourge, the policy of dialogue with insurgent groups (and the recent developments with the suspension of the dialogue with FARC and the progress in discussions with the ELN), the programme of protection for witnesses and persons under threat (which affects a very large number of trade unionists), the measures to combat impunity, the policy of respect for human rights and the independent institutional framework to contribute to political stability and respect for those human rights. Violence and armed conflict are phenomena which must be resolved peacefully.
2. 89. The Government recalls that the State has been weighed down by the scale of the prolonged general violence for over 40 years, and this is reflected in many aspects of social development which, despite the efforts of the Government to find a path to peace, has taken a dramatic turn for the worse.
3. 90. The Colombian nation is the setting for grave internal armed conflict, further complicated by the simultaneous occurrence of different types of violence, including drug trafficking and paramilitary activity, which has damaged and undermined the fundamental rights of many sections of Colombian civil society, such as businessmen, workers, politicians, members of parliament, members of the Government, and the Church, as in the recent cases of the murder of the Bishop of Cali, Monsignor Isaías Duarte Cancino, the parish priest of Argentina, Department of Huila, Father Juan Ramón Núñez, as well as the general resurgence of terrorism and murder of many Colombians: as witness the recent cases of car-bombs and explosive charges in the cities of Villavicencio and Bogotá.
4. 91. As is clear from the previous paragraph, the various types of violent acts (murder, abduction, massacres, forcible disappearances, physical injury and other assaults) against workers belonging to trade unions, are all different expressions of the internal violence faced by the country.
5. 92. The authors of acts of violence against the legal order and fundamental rights are diverse, with distinct ideologies and different political, social and economic interests. The means used to achieve their objectives are contrary to the constitutional and legal framework of the Colombian State, the principles of humanity and justice, and the institutional policies of the democratically elected governments of Colombia.
6. 93. The involvement of state agents in the overall pattern of violations of fundamental human rights is exceptional and outside official policy. It runs counter, moreover, to the duties inherent in those offices and is contrary to orders as well as to state policy.
7. 94. The Government reiterates that in Colombia there is no government policy of harassment, either of workers and trade union leaders or the trade union movement. The structure of the Colombian State, its institutions and mechanisms for control of the public authorities make it impossible for a policy of repression of citizens’ rights and freedoms to exist or be pursued. The acts of violence against workers and trade union leaders are the product of the complex pattern of violence in the country, against which the State has been taking significant measures.
8. 95. Those responsible for violations of the fundamental human rights of the Colombian people, as well as the consequent injury to other civil rights, including freedom of association and the right to organize, include: (a) armed groups on the extreme right or self-styled "private justice" or self-defence groups, commonly known as paramilitaries; (b) guerrilla groups; (c) drug traffickers; and (d) in some cases agents of the State. The armed conflict experienced by the country is stoked by the guerrillas, the paramilitaries, drug trafficking and ordinary crime.
9. 96. Despite the great complexity of Colombian violence, state institutions, led by the Public Prosecutor’s Office, have an inescapable obligation to comply with constitutional law, since no State can call itself democratic and social if it tolerates violation of fundamental rights. The statistics based on the number of investigations, between 900 and 1,000, carried out by the National Human Rights Unit in the Attorney-General’s Office vary from day to day, because day by day the situation of internal armed conflict in Colombia is worsening and because it is precisely in the course of armed conflict that violations of human rights occur most frequently.
10. 97. The figures given below, according to sources from the Attorney-General’s Office, cover the period from July 1997 to February 2001. During this period, the Human Rights Unit in the Attorney-General’s Office issued 533 prosecutions, 777 detention orders, 953 arrest warrants and placed 1,475 people under investigation in various cases. During this period, 44 advance sentences resulted.
11. 98. Of the 777 detention orders, 404 were against members of self-defence groups, 99 against guerrillas, 95 against civilians, 82 against members of the National Police, 74 against members of the Army, 10 against members of the Navy, 6 against personnel of the Technical Investigation Section, 4 against members of the National Prison Service (INPEC) and 3 against members of the Department of Administrative Security (DAS).
12. 99. As to the 533 prosecutions, 253 were against members of self-defence groups, 93 against members of the Army, 68 against guerrillas, 54 against the police, 44 against civilians, and 12 against members of the DAS, 5 against personnel of the Technical Investigation Section and 4 against members of the Navy.
13. 100. With respect to the 1,475 people under investigation, 659 were members of self-defence groups, 324 guerrillas, 164 civilians, 147 police officers, 135 members of the army, 21 DAS officials, 12 naval personnel, 7 Technical Investigation Section and 6 INPEC.
14. 101. The investigations into massacres and guerrilla kidnappings are among the most difficult for the National Unit’s investigators.
15. 102. The threats that investigators are liable to receive in the course of their inquiries, the difficulty of getting witnesses’ collaboration, the "law of silence" which reigns in many areas of the country, and the complex task of identifying and bringing to trial those alleged to be responsible for an incursion, whether guerrillas or self-defence groups, make these proceedings extremely difficult. During the administration of the previous Attorney-General, there were 93 investigations into massacres, which included guerrilla actions, capture of towns and attacks on military bases. This heading also covers attacks on the civilian population by self-defence groups or paramilitaries. In recent years, massacres have become one of the characteristics of the worsening internal Colombian conflict.
16. 103. Killing defenceless people living in areas disputed by those engaged in the armed conflict seeks not only the physical elimination of supposed sympathisers of one band or another, but also to generate fear and insecurity among the survivors, who become forcibly displaced persons, a matter condemned by humanitarian law.
17. 104. The courage displayed in investigations characterized by the high risk generated by the state of violence in the country cost the lives of 98 officials of the Attorney-General’s Office murdered between 1996 and February 2001. In addition, and no less to be condemned, was the situation experienced by 36 officials of the Attorney-General’s Office who were deprived of their liberty during the same period, eight of whom are still in captivity.
18. 105. The Government also underlines that in Colombia there are over 2,500 company, industry, sectoral and other trade unions grouped in 57 regional or specialized federations and three trade union confederations or central federations. This is also reflected in the signing during 2001 of 481 collective agreements, affecting over 2 million workers; so far in 2002, 155 new collective agreements have been signed, most of them with the mediation and support of the Ministry of Labour and Social Security. The Government has guaranteed all workers the right of social protest and for this reason no stoppage has been declared illegal. Confirmation of the Government’s determination not to allow any act harmful to the trade union movement, from whatever quarter, can also be seen in its countless condemnations of acts of violence. The Ministry of Labour has condemned threats, abductions and murders of trade union leaders. The Government points as a positive development the release on 7 April 2002 of Gilberto Torres, a trade union official in the Petroleum Industry Workers’ Trade Union (USO), who had been held by paramilitary groups.
19. 106. The Government underlines the concern of the Colombian State with respect to the issue of impunity, and the failure to bring to trial or capture the majority of those responsible for crimes against trade unionists. Such levels of impunity and inefficiency in the judicial system are also to be found in relation to the majority of violent deaths that occur in Colombia, including those of businessmen, political and social leaders, journalists, as well as the majority of people abducted in Colombia. The Government expresses its desire to establish a more direct relationship between the Committee on Freedom of Association, the Attorney-General’s Office and the Central Trade Union Confederations in Colombia by appointing delegates to gain a much closer knowledge of the Government’s efforts to end impunity and punish those responsible for murders and threats against trade unionists. To this end, it invited the Attorney-General and the Prosecutor-General to take part in the Colombian delegation to the next session of the ILO Conference and the Governing Body, in order to establish joint measures to reduce impunity.
20. 107. The National Human Rights Unit in the Attorney-General’s Office is also responsible for investigating acts of violence against trade union leaders. In order to improve law enforcement and the administration of justice, the Attorney-General’s Office created 11 support units for the National Human Rights Unit, under resolution No. 0-1561 of 22 October 2001 (Annex 4).
21. 108. In addition, the "Subcommittee on the Unification of the List of Victims", formed on a temporary basis from members of the Attorney-General’s Office, the Official Defending Attorney’s Office, the Vice-Presidency of the Republic, the Office of the United Nations High Commissioner for Human Rights, the Single Confederation of Workers of Colombia (CUT) and the Office for the Defence, Promotion and Protection of Human Rights in the Ministry of Labour and Social Security, presented a consolidated report on murder victims covering ten years (1991-2000), noting the provisional nature of the information for 2000. Finally, the Government highlights the importance of different forms of ILO cooperation with special mention of the current technical cooperation programme.
22. 109. Developments in the process of investigation pursued by the Internal Human Rights Unit in the Ministry of Labour and Social Security are set out below, with the related monitoring report submitted by the Attorney-General’s Office:
23. 1. Javier Suárez, President of the Truck-drivers’ Association of Colombia (ACC), murdered on 5 January 2000, in the town of Buenaventura, Valle del Cauca. File No. 1147. On 30 August 2000, a person was charged. On 7 February 2001, Criminal Court No. 2 of the Buenaventura Circuit acquitted the accused. The decision was appealed by the Prosecutor’s Office. It is at present before the Buga High Court for a decision on the appeal. According to the certification issued on 16 June 2001 by the Director of the "Trade Union Registry" of the Ministry of Labour and Social Security, "The Truck-drivers’ Association of Colombia is not registered as a trade union in the Trade Union Registry of the Ministry of Labour and Social Security".
24. 2. Germán Valderrama Soto, who was murdered in Florencia, Department of Caquetá, on 15 January 2000. The Attorney-General’s Office reports: "under File No. 5605, Prosecutor’s Office No. 6 before the Criminal Circuit Court. On 18 January 2000, the case was notified and examination of evidence commenced. On 9 August 2000, the investigation was suspended pursuant to article 326 of the Penal Procedures Code, on the grounds that there was insufficient evidence to initiate an investigation. Ordinary crime, motorcycle accident".
25. 3. Guillermo Adolfo Parra López, murdered on 24 January 2000 in the municipality of Montebello, Department of Antioquía. File No. 1288, Santa Bárbara Prosecutor’s Office. On 1 February 2000, the investigation was assigned to the Medellín Special Prosecutor. Examination of evidence. At present, eight people have been charged: two are in detention and in the case of the remaining six, the Office decided not to order detention.
26. 4. Mauricio Vargas Pabón, murdered on 27 January 2000, in Bogotá. Case No. 41998. The proceedings opened in the Bogotá Prosecutor’s Office, 18th section and were then transferred to Special Terrorist Unit 1. So far, his membership of any trade union has not been established.
27. 5. Jesús Orlando Crespo García, murdered on 31 January 2000, in the municipality of Bugalagrande, Department of Valle. Report of non-governmental human rights organizations (NGOs), the People’s Centre for Investigation (CINEP) and Justicia y Paz (Justice and Peace): "at 17h.30, paramilitaries of the Frente Calima of the AUC executed the President of the Bugalagrande Workers’ Union and member of the CUT Solidarity Committee". File No. 186. The proceedings are being conducted by the Special Prosecution Unit. Statements were taken from Jorge Humberto Crespo, among others. According to the Programme for the Protection of trade union leaders and defenders of human rights in the Ministry of the Interior, it had no record of a request for protection for Jesús Orlando Crespo.
28. 6. Danilo Francisco Maestre Montero, murdered on 2 February 2000 in the town of Valledupar, Department of César. Case No. 122175. Valledupar Prosecutor’s Office, Unidad de Vida ("Life Unit"). Valledupar Special Prosecution Unit 14. The Attorney-General’s Office reported that the investigation was suspended on 23 August 2000, under article 326 of the Penal Procedures Code.
29. 7. Marelvis Esther Solano, wounded, according to information provided by CINEP, as a result of political persecution on 12 February 2000 in Valledupar, Department of César. She appears as Marelvis Maestre and is reported as wounded. CINEP and Justicia y Paz report "a woman died and four more were wounded when they were attacked in their own home, situated at ..., San Martín district, by a bomb containing 25 kilos of dynamite. There are paramilitary and guerrilla groups in the area". "Murdered: María Canchana". "Wounded (sic) by political persecution: Marelvis Meastre". The Attorney-General’s Office reports that the case is recorded as File No. 122327. Valledupar Prosecutor’s Office 7, special unit. Examination of evidence is in progress.
30. 8. Leominel Campo Núñez, murdered on 23 March 2000 in Apartadó, Department of Antioquía. On 29 May 2001, the President of INTRAINAGRO communicated a list of "..murdered comrades and members of this organization", including Mr. Campo Núñez. Recorded as File No. 44056. The Medellín Special Prosecutor, by decision of 11 June 2001, ordered examination of evidence. The Technical Investigation Section (CTI) was ordered to establish the possible motive of the perpetrators of the acts. The Attorney-General’s Office states: "There is no document indicating that the deceased belonged to any trade union. He was the brother of the former local mayor, Nelson Campo Núñez."
31. 9. Franklyn Moreno Torres, killed on 23 February 2000 in Apartadó, Department of Antioquía. According to the SINTRAINAGRO report, Franklyn Moreno Torres was a member of the trade union and one of those assumed to be murdered by paramilitary groups. The investigation was opened in the Apartadó Prosecutor’s Office, File No. 6386, and the preliminary investigations alleged that the act was committed by a former policeman. The Technical Investigation Section (CTI) was ordered to investigate on 6 March 2000. Its report is awaited.
32. 10. Fabio Santos Gaviria, murdered on 24 February 2000, in Medellín, Department of Antioquía. CINEP and Justicia y Paz report that "A lecturer in the Mechanical Engineering Faculty of the National University, Medellín Campus, was murdered when he was with his fiancée in a public establishment". According to the source "the fiancée had been the victim of extortion of 200 million dollars. On the day of the crime, the lady received a telephone call in the afternoon, in which a person said that they were going to kill someone she loved, which happened a few hours later".
33. 11. Anibal Zuluaga, killed in Medellín, Department of Antioquía, on 28 February 2000. The Secretary-General of SINTRALANDERS, Medellín, on 21 May 2001, stated: "in the case of the death of our comrade and colleague Anibal Zuluaga, his death was a matter of chance since it was a robbery on leaving a bank..."
34. 12. Guillermo Molina Trujillo, murdered on 1 March 2000 in the municipality of Yarumal, Department of Antioquía. The National Trade Union School (ENS) and CINEP report that he was a trade union leader, without stating to which organization he belonged. The proceedings are being conducted by the Medellín Special Prosecutor. It is registered as File No. 3637 and currently at the investigative stage.
35. 13. Darío de Jesús Agudelo Bohórquez, the Colombian Teachers’ Federation (FECODE) reported that he was murdered in the municipality of Chigorodó, Department of Antioquía on 6 March 2000. The proceedings have been conducted by the Medellín Special Prosecutor since 13 March 2000, under File No. 3595, examination of evidence, assigned to the investigation unit of the judicial police. The information will be checked through intelligence operations and collection of technical evidence.
36. 14. Melva Muñoz López, murdered in the municipality of Neira, Department of Caldas, on 7 March 2000. According to CINEP, "Paramilitaries executed the 42-year-old teacher Melva after abducting her from the Juan José Neira school, on the La Cristalina estate. The teacher was with her students, when the murderers took her off and executed her 40 yards from the school". It adds that the perpetrators of the crime were "paramilitaries" and the job "professional". Melva Muñoz López is not on the "list of teachers murdered in 2000", prepared by the Colombian Teachers’ Federation (FECODE). According to the Attorney-General’s Office, statements were taken from the family and neighbours of the deceased in the region where she worked as a teacher and where the incident occurred, but nothing was known of the motives or identity of the attackers. It was not established that she belonged to any trade union.
37. 15. Juan José Neira, in the "list of murders" for 2000, prepared by the CUT. Mr. Neira was killed on 9 March 2000, in the municipality of Neira, Department of Caldas and listed as a member of the Association of University Teachers (ASPU), Manizales Branch. In its verification of cases in the year 2000, the Internal Unit for the Defence, Promotion and Protection of Workers’ Human Rights, in the Ministry of Labour and Social Security, it was established that ASPU does not have a branch in the Department of Caldas. It should be clarified that Juan José Neira is the name of the school where Melva Muñoz López worked. In addition, according to his birth certificate, Mr. Juan José Neira was born in 1793. Consequently, it is evident that the person mentioned has no connection with the alleged facts in file 1787.
38. 16. Justiniano García, murdered on 11 March 2000, in the town of Cali, Department of Valle del Cauca. The case is with Prosecutor’s Office 39, Unidad de Vida, File No. 360435, which determined that he was not an active trade unionist because he had retired six years before his death, according to statements by members of his family.
39. 17. Iván Francisco Hoyos, was wounded on 15 March 2000 and died three days later in the town of Cartagena, Department of Bolívar. The proceedings are with the Special Prosecutor’s Office 5, Cartagena Section. File No. 48531, under examination of evidence. Documents have been received and orders have been issued to the Judicial Intelligence Service (SIJIN), the Department of Administrative Security (DAS) and the Technical Investigation Section (CTI), to obtain more information about the incident.
40. 18. José Atanasio Fernández Quiñónez, San Rafael Prosecutor’s Office, Department of Antioquía, File No. 1302. The investigation was suspended on 10 October and archived on 23 October 2000. The President of the Executive Board of the Department of Antioquía Workers’ Union (SINTROFAN), in a letter dated 16 May 2001, stated that Mr. Fernández Quiñónez was not a member of the trade union.
41. 19. Margarita María Pulgarín Trujillo, murdered on 3 April 2000 in the town of Medellín, Department of Antioquía. CINEP reported that "Unknown persons on a motorcycle murdered a prosecutor with four shots when she was leaving her home-- she was acting as an undercover prosecutor and was then a member of the Terrorist Unit .". The case is with the National Unit for Human Rights and International Humanitarian Law of the Attorney-General’s Office, File No. 757; arrest warrants were issued against two absent persons. The Attorney-General’s Office states that there is no evidence in the investigation that she belonged to any trade union. The Colombian Government therefore requests that Ms. Pulgarín should be excluded from the present case.
42. 20. Julio César Betancourt, murdered on 3 April 2000, in the municipality of Yumbo, Department of Valle del Cauca, a member of the Yumbo Workers’ Union, according to the CUT. The proceedings are with the Yumbo Prosecutor’s Office 157, File No. 116491, which established that there was no link with any trade union. In a document signed by 24 trade unions and social organizations in Valle del Cauca, including the Yumbo Workers’ Union (SINTRAYUMBO), on 1 November 2000, Julio César Betancourt did not belong to that organization.
43. 21. Islem de Jesús Quintero, abducted on 6 April 2000 in the town of Pereira, Department of Risaralda and found dead on 7 April. Secretary-General of the Association of Telephone Engineers (ATT). The proceedings are with the Prosecutor’s Office 8, Unidad de Vida, File No. 827. The investigation was opened on 12 April 2000. A special action group was formed to clarify the facts, together with investigators from the Department of Administrative Security (DAS). The proceedings are at present at the examination of evidence stage in the National Unit for Human Rights and International Humanitarian Law of the Attorney-General’s Office. The Attorney-General’s Office adds that as the perpetrators have not been identified, the evidence indicates that the motives for the killing were unrelated to the company or the trade union, but of a personal nature. Based on this, the Colombian Government requests that Mr. Quintero should be excluded from the present case.
44. 22. Alejandro Alvarez Isaza, murdered on 7 April 2000 in the municipality of Argelia, Department of Antioquía, as reported by the CUT. According to the same source, Mr. Alvarez Isaza was a member of the Colombian Electricity Workers’ Union (SINTRAELECOL). The name of Mr. Alvarez Isaza does not appear in the "list of violations of human rights" signed by SINTRAELECOL, and dated May 2001, therefore it is requested that he should be excluded from the present case.
45. 23. Cesar Wilson Cortes, murdered on 8 April 2000, in the municipality of Trinidad, Department of Casanare. He was a worker in the Boyacá Power Company, and a member of SINTRAELECOL. The proceedings are with the Paz de Ariporo Prosecutor’s Office, File No. 354-18, and is at the examination of evidence stage.
46. 24. Rómulo Gamboa, murdered on 8 April 2000, while repairing an electrical circuit in the municipality of Trinidad, Department of Casanare. The proceedings are with the Paz de Ariporo Prosecutor’s Office, File No. 354-18, in conjunction with DAS, and is at the examination of evidence stage.
47. 25. José Antonio Yandú. Deceased on 10 April 2000 in San Roque, Department of Antioquía. The CUT reported that Mr. Yandú was a member of the Association of Street Traders. CINEP stated that: "Paramilitaries caused the disappearance of three people. The incident occurred when the paramilitaries intercepted a bus in the corregimiento of San José Nuestra Señora and after identifying the victims, made them get off and took them away in an unknown direction." One of the people was José Antonio Yandú. The Attorney-General’s Office reported that the proceedings are in progress under File No. 9246, the investigation was initiated ex officio and as no trade union link was established, the motive for the murder was recorded as "past political activities" about which several statements were received. According to the certification of the Director of the Trade Union Registry of the Ministry of Labour and Social Security, the San Roque Association of Street Traders of Antioquía, is not registered as a trade union organization.
48. 26. Gonzalo Serna, murdered on 10 April 2000, in the municipality of San Roque, Department of Antioquía. The CUT reported that Mr. Yandú was a member of the Association of Street Traders. CINEP stated that: "Paramilitaries caused the disappearance of three people. The incident occurred when the paramilitaries intercepted a bus in the corregimiento of San José Nuestra Señora and after identifying the victims, made them get off and took them away in an unknown direction." One of the people was Mr. Gonzalo Serna. According to the certification of the Director of the Trade Union Registry of the Ministry of Labour and Social Security, the Association of Street Traders of San Roque, Antioquía, is not registered as a trade union organization.
49. 27. James Antonio Pérez Chima, murdered on 17 April 2000 in the town of Montería, Department of Córdoba. The CUT reported that he was a member of the Association of University Teachers (ASPU). CINEP and Justicia y Paz reported that he was murdered on 10 April 2000 and that "members of an armed group ... murdered with three gunshots - the Dean of the Faculty of Social Sciences of the University of Córdoba..."under File No. 7718. The Prosecutor’s Office ordered certain measures and interviewing of several witnesses. The Association of University Teachers stated in writing that Mr. Pérez Chima was not on a list of victims of human rights violations belonging to that organization.
50. 28. Jesús María Cuellar, murdered on 13 April 2000, in the town of Florencia, Department of Caquetá. The CUT reported that he was a member of the Caquetá Teachers’ Association (AICA-FECODE). The investigation is being conducted ex officio by Florencia Prosecutor’s Office 4, File No. 7718. According to the DAS report, the deceased was involved in murder and extortion. The investigation was suspended on 20 March 2001. The Colombian Teachers’ Federation (FECODE) prepared a document called "list of teachers murdered in 2000", on which the name of Jesús María Cuellar did not appear.
51. 29. Juan Cástulo Jiménez Gutiérrez, murdered on 23 April 2000 in the corregimiento of Mesopotamia, municipality of La Unión, Department of Antioquía, according to the complainant organization. The CUT stated that he was a member of the Antioquía Teachers’ Association (ADIDA-FECODE). CINEP and Justicia y Paz stated that: "AUC paramilitaries executed five people and wounded two more ... in the corregimiento of Mesopotamia and fired at a group of people in a potato store ...". It adds that the incidents occurred in the municipality of La Unión, Department of Valle del Cauca, and records one of the victims as Juan Cástulo Jiménez Gutiérrez. File No. 2438. The Subunit reports that it was not filed in the La Unión Prosecutor’s Office No. 23, the place where the incidents may have occurred. FECODE does not record Mr. Jiménez as a murder victim in its "list of teachers murdered in 2000".
52. 30. Anibal Pemberty, murdered on 27 April 2000 in the municipality of Puerto Nare, Department of Antioquía. The CUT stated that he was a member of the Single Union of Workers in the Construction Materials Industry (SUTIMAC). Anibal Pemberty does not appear in a document prepared by SUTIMAC on "Violation of trade union rights", which reports on violations from August 1986 to 24 March 2001. File No. 361198. The Puerto Nare Prosecutor’s Office reports that the Empresa Cementos Nare does not mention Mr. Anibal Pemberty as one of its workers. There is no evidence that he belonged to a trade union.
53. 31. Esneda de las Mercedes Monsalve Holguín, murdered on 27 April 2000 in the municipality of Uramita, Department of Antioquía. The CUT stated that he was not a member of the Antioquía Teachers’ Association (ADIDA-FECODE). File No. 809. The investigation was suspended on 6 December 2000 and ordered to be archived under article 326 of the Penal Procedures Code. The Attorney-General’s Office states that "it does not know if she belonged to any trade union group. ELN presumed to be involved". Ms. Monsalve Holguín does not appear as a murder victim in the "list of teachers murdered in 2000" prepared by the Colombian Teachers’ Federation (FECODE).
54. 32. Humberto Guerrero Porras, murdered on 27 April 2000, in the town of Barrancabermeja, Department of Santander, according to a report by the Petroleum Industry Workers’ Trade Union (USO). Prosecutor’s Office 9 received witness statements. An investigation was begun on 27 April 2000 under File No. 19013. The Technical Investigation Section is pursuing the investigation, which is at the preliminary and examination of evidence stage.
55. 33. Milton Cañas Rojas, murdered on 27 April 2000, in the municipality of Yondó, Department of Antioquía, an activist of the Petroleum Industry Workers’ Trade Union (USO). The case is being conducted by Prosecutor’s Office 4, Barrancabermeja. File No. 19104. It is at the examination of evidence stage.
56. 34. Yimi Alexander Hincapié Acevedo, murdered on 27 April 2000 in the municipality of Puerto Nare, Department of Antioquía. The CUT reported that he was a member of SUTIMAC, Puerto Nare. He does not appear in the document of the Single Union of Workers in the Construction Materials Industry (SUTIMAC) "Violation of trade union rights, which reports these violations for the period from August 1996 to 24 March 2001. The case is being conducted by the Puerto Nare Prosecutor’s Office, under File No. 361198, which reports that inquiries at the Empresa Cementos Nare confirmed that Mr. Hincapié was not one of its workers.
57. 35. Gloria Nubia Uran Lezcano, murdered on 3 May 2000, in the San Antonio estate in the municipality of Betulia, Department of Antioquía. The CUT states that she was a member of the Antioquía Teachers’ Association (ADIDA-FECODE). File No. 1526. The proceedings are being conducted by the Special Investigative Sub-unit. Gloria Nubia Uran Lezcano does not appear as a murder victim in the "list of teachers murdered in 2000" prepared by the Colombian Teachers’ Federation, therefore she did not belong to any trade union and the removal of Ms. Uran from the present case is requested.
58. 36. Ramiro de Jesús Zapata, murdered on 3 May 2000, in the town of Medellín, Department of Antioquía, was an activist in the Colombian Teachers’ Federation (FECODE). The proceedings are being conducted in the Attorney-General’s Office, File No. 782, by the National Human Rights and International Humanitarian Law Unit. Examination of certain evidence was ordered by decision of 1 June 2001.
59. 37. Carmen Emilia Rivas, murdered on 17 May 2000, in the town of Cartago, Department of Valle Del Cauca. She was President of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC). The proceedings are being conducted by the Cartago Prosecutor’s Office. File No. 20793, opened on 19 May 2000, under investigation by the Technical Investigation Section. A considerable amount of evidence has been examined and steps taken to clarify the matter, but so far nothing is known of the motives and the attackers.
60. 38. Omar Darío Arias Salazar, murdered on 21 May 2000, in the town of Bugalagrande, Department of Valle del Cauca. The CUT stated that he was a member of the Bugalagrande Branch of SINALTRAINAL. "On 21 May this year, Omar Darío Arias Salazar, former trade union official of SINALTRAINAL in Bugalagrande, disappeared and was found drowned on 26 May 2000. At present, the possibility that it was a political murder is not ruled out, bearing in mind his activity in the Solidarity Committee of CUT Valle Branch, the departmental board and other municipal community activities." Document signed by 24 trade unions and social organizations in Valle del Cauca, on 1 November 2000, including the Bugalagrande Branch of SINALTRAINAL. The investigation is being conducted by the Tulúa Prosecutor’s Office, Section, File No. 936. A decision to terminate the proceedings was issued in resolution No. 287 of 18 December 2000.
61. 39. Nelson Arturo Romero Romero, murdered on 1 June 2000, in the town of Villavicencio, Department of Meta, official of the Meta Teachers’ Association (ADEM-FECODE). The proceedings are being conducted by the Prosecutor’s Office, Section 10, File No. 22343. Examination of evidence is in progress.
62. 40. Abel María Sánchez Salazar, murdered on 2 June 2000, in the town of Florence, Department of Caquetá, a teacher and member of the Colombian Teachers’ Federation. The proceedings are being conducted by Prosecutor’s Office, Section 6, delegated to the Florencia Criminal Circuit Court, File No. 8829, examination of evidence in progress.
63. 41. Luis Hernán Campano Guzmán: the Committee should note that Mr. Campano is not dead as alleged by the complainant organization. He was wounded in the attack on his companion Abel María Salazar, in incidents at a public establishment in the early hours of the morning on 2 June 2000. File No. 8829. The matter was notified on 6 June 2000, and examination of evidence was ordered. The Prosecutor’s Office collected several statements seeking to obtain information on the perpetrators of the crimes under investigation. According to the Attorney-General’s Office, it has not been established that he belonged to any trade union.
64. 42. José Arístides Velásquez Hernández, murdered on 11 June 2000, in the municipality of Ansa, Department of Antioquía, a member of SINTRAMUNICIPIO, according to the CUT. CINEP and Justicia y Paz reported that: "AUC paramilitaries executed three people in the corregimiento of Guintar and ordered all its inhabitants to leave the municipality immediately." One of the victims of the self-defence group was Mr. José Arístides Velásquez Hernández, who worked as a small farmer in the corregimiento of Guintar, municipality of Ansa.
65. 43. Candelaria Florez, murdered on 17 June 2000, in the town of Montería, Department of Córdoba, the wife of teacher Alberto Ruiz Guerra, member of the Córdoba Teachers’ Union (ADEMACOR-FECODE). The proceedings are being conducted by Unit 17 of the Montería Rapid Reaction Force, File No. 12926, examination of evidence in progress.
66. 44. Robert Cañarte Montealegre, murdered on 29 June 2000, in the town of Bugalagrande, Department of Valle del Cauca. The proceedings are being conducted by the Buga Prosecutor’s Office, Special Section 4, and examination of evidence is in progress, File No. 391082. The proceedings involve witnesses, verbal descriptions and the evidence is being evaluated to arrest the suspects. The proceedings for threats and murder were combined.
67. 45. Basislides Quiroga, murdered on 2 July 2000 in the town of Bugalagrande, Department of Valle del Cauca. The CUT stated that he was a member of the Bugalagrande Municipal Workers’ Union, adding that: "On 1 July 2000, the farmworkers’ leader displaced from the corregimiento of Galicia, Basislides Quiroga, was taken away 7.30 p.m. from the farmhouse situated two blocks from the police station by heavily armed men and found murdered on 2 July of this year." Document "Protection measures and human rights situation in Valle del Cauca", signed by over 20 trade union and social organizations in Valle del Cauca, dated Cali, 1 November 2000. The proceedings are being conducted by the Cali Prosecutor’s Office, File No. 395570. Eduardo Antonio Salgado Pérez has been charged.
68. 46. Miguel Angel Barreto Racine, murdered on 2 August 2000, in the municipality of Ovejas, Department of Sucre. According to the CUT, he belonged to the Sucre Teachers’ Association (ADES-FECODE). The proceedings are being conducted by the Sincelejo Prosecutor’s Office, Section 7, File No. 10517, suspended by decision of 4 June 2001. Mr. Barreto was not listed in FECODE’s "list of teachers murdered in 2000".
69. 47. Vicente Romaña, murdered on 5 August 2000, in the town of Medellín, Department of Antioquía. He was an official delegate of FECODE. The proceedings are being conducted by the Medellín Prosecutor’s Office, Section 128, under File No. 371419. The Prosecutor’s Office, Section 128, was asked to assign the investigation to the Special Investigative Subunit.
70. 48. Cruz Orlando Benítez Hernández, murdered on 5 August 2000, in the town of Medellín, Department of Antioquía. He was a member of the Antioquía Teachers’ Association (ADIDA-FECODE). The proceedings are being conducted by the Medellín Prosecutor’s Office, Section 125, under File No. 402080. The Attorney-General’s Office was asked to assign the investigation to the Special Investigative Subunit.
71. 49. Rubén Darío Guerrero Cuentas, murdered on 20 August 2000 in the municipality of Guacamaya, Department of Magdalena. The CUT stated that he was an official of the National Union of Workers in the National Department of Taxation and Customs (SINTRADIAN), Barranquilla Branch. CINEP and Justicia y Paz reported that: "The DIAN official was murdered - in an incident presumed to have occurred at 7.00 in the evening. He was a prosecutor and until the previous year had occupied the post of prosecutor in the DIAN Workers’ Union", File No. 18690. The investigation is being conducted by the Prosecutor’s Office, Special Section 3, and its examination of evidence is in progress.
72. 50. Sergio Uribe Zuluaga, murdered on 5 August 2000, in the town of Medellín, Department of Antioquía. The proceedings are being conducted by the Medellín Prosecutor’s Office, Section 125. A request was made to assign the investigation to the Special Investigative Subunit.
73. 51. Moisés Sanjuán López, murdered on 29 August 2001, in the town of Cúcuta, Department of North Santander. The family benefit review, Revista Súper Subsidio Familio, Year 6, No. 68 of August 2000, in an article dedicated to Moisés Sanjuán, recorded that: "The Vice-Minister of Labour and Social Security - deplored the vile murder of the Administrative Director of the North Santander Family Benefit Fund - his career was recognized by the Executive Board in 1991 when it appointed him Administrative Director ". File No. 24906.
74. 52. Alejandro Vélez Jaramillo, murdered on 30 August 2000, in the municipality of Turbo, Department of Antioquía. According to the CUT, he belonged to the Association of Civil Servants and Judicial Employees (ASONAL). A document of the ASONAL National Secretariat of 11 May 2001 stated: "Mr. Alejandro Vélez Jaramillo is not listed in ASONAL’s records..."
75. 53. Argemiro Albor Torregrosa, murdered on 5 September 2000, in the municipality of Piojó, Department of Atlántico, a member of the Galana Farmworkers’ Union, according to the Single Confederation of Workers, File No. 3491. The proceedings were suspended on 23 April 2001. According to CINEP and Justicia y Paz: "Armed men on a red motorcycle shot dead with two shots a candidate for the Piojó (Atlántico) Council, member of the Galapa (Atlántico) Farmworkers’ Association and of the National Federation of Farmworkers, FANAC (sic)."
76. 54. Hugo Alfonso Iguaran Cotes, murdered on 11 September 2000, in the town of Montería, Department of Córdoba, a member of the Union of Workers in the University of Colombia (SINTRAUNICOL), Córdoba Branch, according to the CUT. According to the Association of University Teachers, he was "murdered on 10 September 2000. He was a former official and active member of the Córdoba Branch of ASPU".
77. 55. Efraín Becerra, murdered on 12 September 2000, in Bogotá, Department of Cundinamarca. According to the CUT, he was a member of the Union of Workers in the University of Colombia (SINTRAUNICOL), Córdoba Branch. Mr. Efraín Becerra does not appear in the "List of violent acts against SINTRAUNICOL" prepared by SINTRAUNICOL in March 2001. File No. 50324, examination of evidence is in progress.
78. 56. Omar de Jesús Noguera, murdered on 24 September 2000, in the town of Cali, Department of Valle del Cauca, member of the Cali Municipal Enterprises Union (SINTRAEMCALI). File No. 390310 in Cali Prosecutor’s Office, Section 19, Unidad de Vida. Examination of evidence is in progress.
79. 57. Reynaldo Acosta Celemin, murdered on 3 October 2000 in the town of Buga, Department of Valle del Cauca. According to the Single Confederation of Workers, he was Vice-President of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia, Valle del Cauca Branch. CINEP and Justicia y Paz report that: "armed men killed -- a former worker of the Buga Municipal Enterprises, the incident occurring at around 13.00 hours".
80. 58. Alfredo Castro Haydar, murdered on 5 October 2000 in the town of Barranquilla, Department of Atlántico. A member of the Association of University Teachers (ASPU), Atlántico Branch, according to the Single Confederation of Workers. "Alfredo Castro Haydar, murdered on 5 October 2000, former treasurer of ASPU Atlántico, former academic vice-rector of Atlántico University": File No. 946 National ASPU. The Attorney-General’s Office reports that the investigation against Oscar Guillermo Rodríguez Herrera was partially closed by a decision of 10 September 2001, and is in the process of notification. At the time of the attack that cost him his life, he had no links with the trade union to which ASPU claimed he belonged.
81. 59. María Nelcy Mora Hincapié, murdered on 23 October 2000, in the town of Copacabana, Department of Antioquía, member of the Antioquía Teachers’ Association (ADIDA-FECODE). File No. 457155 in the Special Prosecutor’s Office, Trade Union Subunit, Medellín. Examination of evidence is in progress. The Technical Investigation Section is tasked with identifying the perpetrators.
82. 60. Hernán Betancourt, murdered on 15 December 2000 in the town of Cali, Department of Valle del Cauca. According to the CUT, he was a member of the National Union of Workers in the University of Colombia (SINTRAUNICOL), Valle Branch. Hernán Betancourt does not appear in the "List of violent acts against SINTRAUNICOL" prepared by SINTRAUNICOL in March 2001. Once new information has been obtained on progress in the penal proceedings, it will be provided to that organization.
83. 61. Luis Arcadio Ríos Muñoz, murdered on 27 March 2000 in the town of San Carlos, Department of Antioquía. He was a member of the Union of Electricity Workers of Colombia (SINTRAELECOL), according to a written statement by that trade union. File No. 1304. The Attorney-General’s Office reported that the proceedings were suspended in October 2000 and were ordered to be archived on 23 October. San Rafael Section, Department of Antioquía.
84. 62. Oscar Darío Zapata Muñoz, murdered on 8 April 2000 in the town of Giradota, Department of Antioquía.
85. 62. Oscar Darío Zapata Muñoz, murdered on 8 April 2000 in the town of Giradota, Department of Antioquía. He was an activist in the National Union of Workers in the Weaving, Textiles and Clothing Industry (SINALTRADIHITEXCO), according to a written report from CINEP and Justicia y Paz. Attorney-General’s National Office, File No. 2536. On 6 March 2001, the proceedings were suspended and the case archived on 20 March 2001.
86. 63. Pedro Amado Manjarres, murdered on 29 May 2000, in the town of Fonseca, Department of Guajira, member of the Colombian Teachers’ Federation (FECODE). Attorney-General’s Office, File No. 587. The investigation is in the preliminary stage and examination of evidence is in progress. The investigative proceedings are being conducted in Attorney-General’s Office, Section 003, San Juan del César Riohacha.
87. 64. Luis Mesa Almanza, murdered in the town of Barranquilla, Department of Atlántico, on 26 August 2000. The Association of University Teachers (ASPU), in a document signed by the National Treasurer dated 30 May 2001, refers to Mr. Meza as: “the former student representative on the High Council of Atlántico University, former student representative to the CESU and former Secretary-General of Atlántico University, an outstanding student leader who left the administration because of disagreements with administrative policy”. File No. 962. Under a decision of 3 August 2001, Eduardo Enrique Vengoecha Mola and Mario Alberto Silva Vargas were declared absent persons. The conclusion of this legal situation is pending. A witness statement was received on 16 August 2001. It has not, however, been established that he belonged to any trade union.
88. 65. Bayron de Jesús Velásquez Durango, murdered on 10 April 2000, in the municipality of San Roque, Department of Antioquía. José Antonio Yandú and Gonzalo Serna were killed in the same incident, according to the CUT report, and were registered as members of the Association of Street Traders. CINEP reports that: “Paramilitaries caused the disappearance of three people. The incident occurred when the paramilitaries intercepted a bus in the corregimiento of San José Nuestra Señora and after identifying the victims, made them get off and took them away in an unknown direction.” One of the victims was Bayron de Jesús Velásquez Durango. As certified by the Director of the Trade Union Registry of the Ministry of Labour and Social Security, the San Roque Association of Street Traders, Antioquía, is not registered as a trade union organization.
89. 66. Luis Alfonso Páez Molina, murdered on 1 February 1997 in the municipality of Turbo, Antioquía, listed as a member of SINTRAINAGRO. It should be noted that in the paragraph “Acts of violence against trade union officials” in 2000, in Report No. 327 of the Committee on Freedom of Association, it is recorded that the murder of Mr. Páez Molina occurred on 12 August 2000.
90. 67. Gustavo Enrique Gómez Gómez, murdered on 9 May 2000, in the municipality of Maceo, Department of Antioquía, member of the Antioquía Teachers’ Association (ADIDA-FECODE), File No. 1496. The investigation is being conducted by the Special Investigative Subunit and examination of evidence is currently in progress.
91. 68. Luis Rodrigo Restrepo Gómez, murdered in the town of Medellín, Department of Antioquía, on 8 February 2000, member of the Antioquía Teachers’ Association (ADIDA-FECODE). The proceedings are being conducted under File No. 1755, and are at the preliminary stage and examination of evidence by the Medellín Special Prosecutor.
92. 69. Lázaro Gil Alvarez, murdered on 29 September 2000, in the municipality of San Francisco, Department of Antioquía, member of the Antioquía Teachers’ Association (ADIDA-FECODE). File No. 2452. The investigation is being conducted by the Investigative Subunit of the Special Committee and is currently at the examination of evidence stage.
93. 70. Bernardo Vergara Vergara, murdered in the town of Medellín, Department of Antioquía, member of the Antioquía Teachers’ Association (ADIDA-FECODE). The proceedings are being conducted under File No. 398184, and the investigation is being conducted by the Medellín Special Prosecutor.
94. 71. Elizabeth Cañas Cano, murdered on 11 July 2000 in the municipality of Barrancabermeja, Department of Santander. The Office of the United Nations High Commissioner for Human Rights states that “according to information provided by ASFADDES, Barrancabermeja Branch, the Brigadas de Paz (Peace Brigades) and the press, on 11 July 2000, at about 13.00 hours, two assumed paramilitaries … murdered Ms. Elizabeth Cañas with three shots. She was an active member of ASFADDES, Barrancabermeja Branch and participated in meetings and activities of that institution …” Ms. Elizabeth Cañas did not belong to a trade union, but to the Association of Families of Detained and Disappeared Persons (ASFADDES).
95. 72. Alexander Mauricio Marín Salazar, murdered in the municipality of Envigado, Department of Antioquía, on 12 April 2000. According to a document of 16 May 2001 signed by the President of the Central Executive Board of the Union of Local Government Officials and Public Employees of Antioquía (SINTRAOFAN), “between 2000 and now two members of our trade union, SINTRAOFAN, have been murdered, namely: José Gildardo Uribe García … and on 10 January this year … Edgar Orlando Marulanda Ríos …”. The source does not include Mr. Alexander Marín among the members of SINTRAOFAN who died violently during the year 2000.
96. 73. José Gildardo Uribe García, murdered on 12 June 2000, in the municipality of Vegachí, Department of Antioquía, member of the Union of Local Government Officials and Public Employees of Antioquía (SINTRAOFAN). The proceedings are being conducted by the Subunit for the investigation of trade union cases, File No. 363378. By a decision of 30 August 2001, the Investigative Subunit ordered the investigation into this murder to be combined with the preliminary proceedings in 363378.
97. 74. Francy Uran Molina, murdered in the municipality of Caicedo, Department of Antioquía. The Attorney-General’s Office reports: “the Special Investigative Subunit for trade union cases did not find any records, and will notify the matter to the Urrao Prosecutor’s Office, and if there is an investigation there, will request its referral to the special subunit”.
98. 75. Francisco Espadil Medina, murdered in the municipality of Turbo, Department of Antioquía, on 7 September 2000. The Attorney-General’s Office reports: “The Special Investigative Subunit for trade union cases did not find any records, and will refer the matter to the Turbo Prosecutor’s Office, and if there is an investigation there, will request its referral to the Special Subunit.”
99. 76. Hector Acuña, murdered on 12 June 2000 in the municipality of Barrancabermeja, Department of Santander. He was President of the Union of Automobile Drivers (UNIMOTOR). The investigation was conducted by the Barrancabermeja Prosecutor’s Office, under File No. 19645, and was suspended on 22 December 2000.
100. 77. Gil Bernardo Rojas Olachica, murdered on 2 September 2000 in the municipality of Barrancabermeja, Department of Santander. He was a member of the Santander Teachers’ Union (SES). The Barrancabermeja Special Prosecutor is conducting the investigation under File No. 93976, which is at the preliminary and examination of evidence stage.
101. 78. Jairo Herrero, murdered in the municipality of Puerto Wilches, Department of Santander, on 15 September 2000. The Attorney-General’s Office reports that “the Bucaramanga Trade Union Investigative Subunit has notified the respective registries in order to request the registration of the decease of the victim”.
102. 79. Candelario Zambrano, murdered on 15 September in the municipality of Puerto Wilches, Department of Santander. File No. 22283, in the Barrancabermeja Prosecutor’s Office. A decision to terminate proceedings was issued on 24 August 2001.
103. 80. Alejandro Tarazona, murdered on 26 September 2000 in the town of Bucaramanga, Department of Santander, member of the Bucaramanga Municipal Workers’ Union (SINTRAMUNICIPIO). The investigation is being conducted by the Prosecutor’s Office, Unida de Vida, under File No. 93169, and is at the preliminary and examination of evidence stage.
104. 81. Humberto Peña Riaño, murdered on 28 September 2000, in the municipality of Florencia, Department of Caquetá. CINEP reports that: “Armed men fired several shots and murdered a person in the El Pará estate. There are paramilitary and guerrilla groups in the area.” File No. 10921. The investigation is being conducted by the Prosecutor’s Office, Special Section 3 and examination of evidence is in progress.
105. 82. Edgar Arturo Burgos Ibarra, murdered on 13 November 2000 on the road between the town of Pasto and the municipality of Linares in Nariño Department. File No. 27094. The investigation is being conducted by the Pasto Prosecutor’s Office, Special Section 4. Evidence has been examined, but without so far identifying the murderers.
106. 83. Hernando Cuartas Agudelo, murdered on 1 September 2000 in the municipality of Dos Quebradas, Department of Risaralda, member of the National Union of Workers in the Food Industry (SINALTRAINAL). File No. 5323, Dos Quebradas Prosecutor’s Office. The investigation was ordered to be suspended by a decision of 16 May 2001.
107. 84. Clovis Florez, murdered on 15 September 2000 in the town of Montería, Department of Córdoba. He was President of the farmworkers’ organization, AGROCOSTA, Córdoba Branch. As certified on 3 April 2002 by the Director of the Trade Union Registry of the Ministry of Labour and Social Security, the farmworkers’ organization, AGROCOSTA, Córdoba Branch, is not registered as a trade union in the Trade Union Registry of the Ministry of Labour and Social Security.
108. 110. The Colombian Government reiterates that it is fully committed to helping to reduce the widespread violence that plagues the country and will continue to provide protection to members of trade union organizations who so request, and likewise requests the Committee on Freedom of Association that before comparing this list with that of the trade unions, it should determine which cases do not strictly relate to trade union leaders and activists.
109. 111. The information set out below relates to investigations conducted by the Attorney-General’s Office. The Office of Human Rights in the Ministry of Labour and Social Security is already engaged in checking the list for 2001, which must be an inter-institutional task in order to establish with certainty the data on each of the victims of human rights violations. In this connection, the Attorney-General’s Office was charged on Thursday, 4 April 2002, with establishing the status of members, leaders or activists of the National Association of Civil Servants and Judicial Employees (ASONAL), officers of the Technical Investigation Section (CTI) or prosecutors murdered in the years 2001 and 2002. So far, we have been able to obtain preliminary information in the following cases:
110. 85. Valmore Locarno, murdered on 12 March 2001 in the town of Valledupar, Department of César. He was President of the Workers’ Union of the DRUMOND Company. File No. 996. The proceedings are being conducted by the National Human Rights and International Humanitarian Law Unit in the Attorney-General’s Office and are at the probatory stage. Under decisions of 14 May and 27 August 2001, investigations were ordered to establish the motive for the murder.
111. 86. Ricardo Luis Orozco Serrano, murdered on 2 April 2001 in the municipality of Soledad, Department of Atlántico. He was Vice-President of the National Association of Workers and Employees in Hospitals, Clinics, Dispensaries and Community Health Units (ANTHOC). File No. 1009. The proceedings, at the preliminary stage, are being conducted in the National Human Rights and International Humanitarian Law Unit by the Attorney-General’s Office. The Attorney-General’s Office reported in a written communication on “Latest measures: Examination of evidence. Request to ANTHOC on whereabouts of witnesses and family members. Certain investigations ordered by decision of 31 August 2001.”
112. 87. Lisandro Vargas Zapata, murdered in the town of Barranquilla, Department of Atlántico, on 23 February 2001. He was a teacher at the University of Atlántico. The proceedings, at the preliminary stage, are being conducted in the National Human Rights and International Humanitarian Law Unit in the Attorney-General’s Office. File No. 1017. The Attorney-General’s Office reported in a written communication on: “Examination of evidence. By decision of 4 September 2001, the DAS was ordered to submit the results of the mission assigned to it on 11 July 2001”.
113. 88. María del Rosario Silva Ríos, murdered on 28 July 2001 in the town of Cúcuta, Department of North Santander. Cúcuta Special Prosecutor. The proceedings are under File No. 1074 in the National Human Rights and International Humanitarian Law Unit in the Attorney-General’s Office and the Attorney-General’s Office reports that the most recent steps have been the examination of evidence.
114. 89. Jairo Valbuena, murdered in the town of Buga, Department of Valle del Cauca, on 10 October 2001. According to the written report from the Attorney-General’s Office, his death occurred during a massacre. The case is with the Cali Human Rights and International Humanitarian Law Unit. Filing pending. The proceedings are at the examination of evidence stage.
115. 90. César Daniel Rivera Riveros, a teacher at Atlántico University, murdered in the town of Barranquilla, Department of Atlántico, on 3 February 2001. File No. 88912 of the Prosecutor’s Office, Section 1, Rapid Reaction Unit (URI). The proceedings at the examination of evidence stage.
116. 91. Manuel Enrique Charris Ariza, murdered in the municipality of Soledad, Department of Atlántico, on 11 June 2001. He was a member of SINTRAMIENERGETICA. The proceedings are in the Prosecutor’s Office, Section 37, File No. 97529, examination of evidence in progress.
117. 92. Darío de Jesús Silva, teacher, murdered in the municipality of Sabaneta, Department of Antioquía, on 2 May 2001. The proceedings are in the Prosecutor’s Office, Section 132, File No. 436463, examination of evidence in progress.
118. 93. Walter Dione Perea Díaz, murdered in the municipality of Copacabana, Department of Antioquía, on 26 January 2001. He was a teacher, trade union delegate of the Antioquía Teachers’ Association (ADIDA) and the Colombian Teachers’ Federation (FECODE). Proceedings are being conducted by the Medellín Special Prosecutor, Section 21, File No. 3436. Examination of evidence is in progress. According to the Attorney-General’s Office, examination of evidence and other legal measures were ordered by a decision of 16 July 2001.
119. 94. Juan Carlos Castro Zapata, murdered on 9 May 2001 in the municipality of Copacabana, Department of Antioquía, member of ADIDA-FECODE. The preliminary proceedings are being conducted by the Medellín Special Prosecutor, File No. 3525. The Attorney-General’s Office in a written report states: “examination of evidence. The investigators of the Technical Investigation Section (CTI) assigned to the Special Subunit are carrying out intelligence work to identify possible authors of the crime”.
120. 95. Rubén Darío Orozco Grajales, murdered in the municipality of Santafé de Antioquía, Department of Antioquía, on 24 July 2001. The proceedings are being conducted by the Medellín Special Prosecutor, File No. 463501, and examination of evidence is in progress.
121. 96. Silvia Rosa Alvarez Zapata, a member of ADIDA-FECODE, murdered in the municipality of Barbosa, Department of Antioquía, on 24 July 2001. The proceedings are being conducted by the Special Prosecutor, File No. 463627, and examination of evidence is in progress.
122. 97. Edgar Orlando Marulanda Ríos, member of SINTRAOFAN, murdered in the municipality of Segovia, Department of Antioquía, on 10 January 2001. The Segovia Prosecutor’s Office, in a written report, states that: “The Medellín Special Trade Union Investigative Unit requested the Segovia Prosecutor’s Office to investigate this murder, in conjunction with preliminary proceedings in File No. 363378 involving victims who were members of SINTRAOFAN.” At present, various evidence and intelligence work has been ordered in order to identify possible authors of the crime.
123. 98. Rodion Peláez Cortes, member of ADIDA-FECODE, murdered in the municipality of Cocorná, Department of Antioquía, on 13 March 2001. The preliminary proceedings and examination of evidence are being conducted by the Medellín Special Prosecutor, under File No. 432675. The Special Investigative Subunit will request the prosecutor in charge to assign the investigation to the special subunit.
124. 99. Jairo Domínguez, member of SUTIMAC, murdered on 10 July 2001 in the municipality of Montebello, Department of Antioquía. The proceedings are being conducted by the Special Prosecutor in the Medellín Section, under File No. 1675. Examination of evidence is in progress.
125. 100. Ciro Arias Blanco, murdered in the municipality of Capitanejo, Department of Santander, on 24 March 2001. He was Branch President of the Tobacco Company Union (SINTRAINTABACO). The investigation is being conducted by the Paz de Ariporo Prosecutor’s Office, under File No. 354-18 and is at the preliminary and examination of evidence stage.
126. 101. Nelson Ramón Narváez, member of SINTRAUNICOL, murdered on 29 May 2001 in the town of Montería, Department of Córdoba. File No. 19922. The investigation is being conducted by the Prosecutor’s Office, Section 1, Unidad de Vida and is at the preliminary and examination of evidence stage.
127. 102. Miguel Ignacio Lora Hernández, murdered on 11 July 2001, in the town of Montería, Department of Córdoba. He was Head of the Information and Analysis Section of the Technical Investigation Section of the Montería Prosecutor’s Office. The Prosecutor’s Office is awaiting the results of missions assigned to the State Security Agencies before taking decisions on the evidence collected. The investigation is being conducted under File No. 21082 by the Prosecutor’s Office, Section 17, rapid reaction unit.

D. The Committee’s conclusions

1. 112. The Committee notes with deep concern that since the last examination of this case, taking account of the new murders, abductions, disappearances, attempted murders and threats reported, the situation of violence in Colombia which affects all sectors of society shows no sign of improving, and, on the contrary, continues to worsen from day to day. Indeed, in the first quarter of 2002, over 40 murders of trade union leaders and members and five abductions have been reported, in addition to other acts of violence against trade union leaders.
2. 113. In general, the Committee takes note of the Government’s observations reiterating previous statements on the causes of violence and the difficulties in combating it in the context of violence prevalent in the country and perpetrated by paramilitaries, guerrillas, drug traffickers and ordinary criminals, as well as the measures adopted to put an end to the violence. The Committee welcomes the release of the USO trade union official, Mr. Gilberto Torres, on 7 April 2002.
   • Murders addressed in previous examinations of the case
3. 114. The Committee notes with interest the list of investigations undertaken by various state agencies in respect of 102 murders provided by the Government (see Annex II). The Committee observes that this list contains information on certain investigations which had already been reported by the Government. The Committee deeply regrets to note the lack of progress in these investigations. The Committee further regrets that there is not more information on the other (129) previously alleged murders-- and acts of violence against trade unionists, especially those that date back a long way (see Annex I). The Committee recalls that "the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events" and that "Justice delayed is justice denied" [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 51 and 56]. The Committee urges the Government to continue to send its observations on progress in investigations already begun (Annex II) and to take steps promptly to initiate investigations into the reported murders, abductions, disappearances, attempted murders and threats (Annex I) and into new allegations.
4. 115. In addition, the Committee also observes that with respect to some of the murders, the Government indicates that the victims were not trade union officials or members of the trade unions mentioned (Mauricio Vargas Pabón, Leominel Campo Núñez, Melva Muñoz López, Juan José Neira, Justiniano García, José Atanasio Fernández Quiñónez, Margarita María Pulgarín Trujillo, Julio César Betancourt, Islem de Jesús Quintero, Alejandro Alvarez Isaza, James Antonio Pérez Chima, Jesús María Cuellar, Juan Cástulo Jiménez Gutiérrez, Aníbal Pemberty, Esneda de las Mercedes Monsalve Holguín, Gloria Nubia Urán Delgado, Luis Hernán Campano Guzmán, Miguel Angel Barreto Racine, Alejandro Vélez Jaramillo, Efraín Becerra, Alfredo Castro Haydar, Luis Mesa Almanza, Alexander Mauricio Marín Salazar). The Committee requests the complainants to comment on these statements by the Government and, if applicable, provide further information on the allegations that these people were not members of trade unions.
   • New murders
5. 116. The Committee observes with deep concern that the 113 new murders reported by the complainant organizations (see section on new allegations), of which 40 relate to 2002, show that the situation of violence against trade union members and leaders in Colombia continues to be extremely serious.
6. 117. The Committee notes the statements of the Government that the acts of violence of different types (murders, abductions, massacres, forcible disappearances, physical injury and other assaults) against workers belonging to trade unions are different expressions of the internal situation of violence experienced in the country and that the authors of these acts of violence are varied, profess different ideologies and have different political, social and economic interests. The Committee notes that according to the Government, the present situation is due to the action of guerrilla and paramilitary groups and that there is no state policy against trade unions or workers belonging to trade unions. The Government states that if in some cases members of state bodies take part in paramilitary activities, these are isolated occurrences, held to be illegal by the Government, and prosecuted as such. In this context, the Government indicates that prosecutors and others responsible for investigating murders and other violent acts are also victims of paramilitary and guerrilla groups. Nevertheless, the Committee observes with regret that it is clear from the facts that the efforts made are inadequate and reiterates what it stated in its previous examination of the case, that "freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed" and "the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected" [see Digest, op. cit., paras. 46 and 47].
7. 118. Furthermore, the Committee observes with regret that it cannot be inferred from the Government’s observations that there is an active policy of disbanding paramilitary and other violent revolutionary groups responsible on many occasions for acts of violence against trade unionists. In these circumstances, the Committee once again urges the Government in the strongest terms to take the steps necessary to achieve provable results in disbanding such paramilitary and other violent revolutionary groups.
   • Impunity
8. 119. The Committee also notes the various bodies created to investigate the acts of violence, including the 11 support units of the National Unit for Human Rights created by the Attorney-General’s Office in resolution No. 0-1561 of 22 October 2001 to allow better application of the law and administration of justice. The Committee also notes that between 1997 and 2001, the National Unit for Human Rights in the Attorney-General’s Office issued 533 charges, 777 detention orders, 953 arrest warrants and placed 1,475 people under investigation in various cases. During this period, 44 advance sentences resulted. Of the 777 detention orders, 404 were against members of self-defence groups, 99 against guerrillas, 95 against civilians, 82 against members of the National Police, 74 against members of the Army, 10 against members of the Navy, 6 against personnel of the Technical Investigation Section, 4 against members of the National Prison Service (INPEC) and 3 against members of the Administrative Security Department (DAS). As to the 533 charges, 253 were against members of self-defence groups, 93 against members of the Army, 68 against guerrillas, 54 against members of the police, 44 against civilians, 12 against members of the DAS, 5 against personnel of the Technical Investigation Section and 4 against members of the Navy. With respect to the 1,475 people under investigation, 659 were members of self-defence groups, 324 were guerrillas, 164 were civilians, 147 were police officers, 135 were members of the army, 21 were DAS officials, 12 were naval personnel, 7 were from the Technical Investigation Section and 6 from INPEC. The Committee observes, however, that the Government does not provide information on those responsible for acts of violence actually convicted and concludes, as it has done previously, that there have been no convictions for murders of trade unionists. In these circumstances, the Committee once again and in the strongest terms urges the Government to take steps to put an end to the intolerable situation of impunity and to punish those responsible for the innumerable acts of violence.
   • Measures to protect trade unionists
9. 120. The Committee notes the Government’s communications, especially the list of persons protected by the "Programme of protection of witnesses and threatened persons" for the year 2001, which includes many members of ASODEFENSA. In this respect, the Committee requests the Government to provide clear information about the programme of protection for the year 2002 and expresses the firm hope that this protection will be extended to all workers who are members and officials of trade unions whose personal safety is threatened, including members of ASODEFENSA, to which the Committee referred in its previous report [see 327th Report, para. 344(e)]. The Committee observes that in some reported murder cases, the victims reported the threats they had received to the Government and had requested protection under the abovementioned programmes, but this was refused. The Committee considers that the assessment of risk must be carried out by the Government with the utmost care and speed, since the very lives of trade union leaders and their families are at stake, and an error in assessing the risk run by these people could be irreparable. In consequence, the Committee requests the Government to take the necessary steps to carry out an unrestricted assessment of the risk run by threatened trade unionists and to provide adequate protection measures.
   • Discrepancies between the Government and
   • complainant organizations on the actual number
   • of trade unionists murdered in recent years
10. 121. The Committee notes the Government’s information that the Sub-Committee on the Unification of the List of Victims prepared a consolidated list for the period 1991-2000. The Committee observes, however, that the list sent to the ILO only relates to the year 2000. In consequence, the Committee requests the Government to take steps to send a new consolidated list prepared by the Sub-Committee on the Unification of the List of Victims for the period 1991-2002.
    • Other concerns of the Committee
11. 122. The Committee once again recalls [see 327th Report, para. 344(g)] that it would be advisable to deal specifically with situations in which violence against trade union members is very intensive – for example in the sectors including education, the petrol industry, the health services as well as municipal and departmental administrations. Such information should also refer to regions where acts of violence occur most frequently, such as the departments of Valle del Cauca and Antioquía and the municipality of Barrancabermeja, especially in the Empresa de Petróleo de Colombia and the Empresa de Gas de Barrancabermeja. The Committee also requests the Government to send all the information available to it which could help better to combat impunity and examine the causes of the acts of violence against trade union members. The Committee once again reminds the Government of its responsibility for the protection of workers against acts of violence and finally for a proper factual and analytical assessment of each and every crime committed. The Committee again suggests that the complainants and the Government seek technical assistance from the Office for this assessment.
    • Other allegations to which the Government did not reply
12. 123. The Committee observes with regret that the Government did not submit its observations concerning the outstanding allegations made by ASODEFENSA. The Committee reiterates in the following paragraph the recommendations that it formulated at its meeting of March 2002 [see 327th Report, para. 344].

Z. Annex I

• Alleged acts of violence against trade union officials or members up to the Committee’s meeting of March 2002 for which the Government has not sent its observations
• Murders
  1. (1) Alberto Alvarez Macea, 8 April 2000;
  2. (2) Gerardo Raigoza, member of SER-FECODE, 19 April 2000 in the town of Pereira (Risaralda);
  3. (3) Edgar Marino Pereira Galvis, official of CUT-META, 25 June 2000 in the COFREM housing development;
  4. (4) Carmen Emilio Sánchez Coronel, official delegate of the North Santander Teachers’ Union;
  5. (5) Arelis Castillo Colorado, 28 July 2000, in the municipality of Caucasia;
  6. (6) Iván Franco, 19 March 2000, member of SINTRAELECOL;
  7. (7) Javier Carbono Maldonado, July 2000, member of SINTRAELECOL;
  8. (8) Jesús Antonio Posada Marín, 11 May 2000, member of ADIDA;
  9. (9) Jaime Enrique Barrera, 11 June 2000, member of ADIDA;
  10. (10) Jorge Andrés Ríos Zapata, 5 January 2000, member of ADIDA;
  11. (11) Aristarco Arzallug Zúñiga, 30 August 2000, member of SINTRAINAGRO;
  12. (12) Bernardo Olachica Rojas Gil, 2 September 2000, member of SES;
  13. (13) Julián de J. Durán, January 2000, member of SINTRAISS;
  14. (14) Eliécer Corredor, January 2000, member of SINTRAISS;
  15. (15) Miguel Angel Mercado, January 2000, member of SINTRAISS;
  16. (16) Diego Fernando Gómez, 13 July 2000, member of SINTRAISS;
  17. (17) Víctor Alfonso Vélez Sánchez, 28 March 2000, member of EDUMAG;
  18. (18) Edgar Cifuentes, 4 November 2000, member of ADE;
  19. (19) Juan Bautista Banquet, 17 October 2000, member of SINTRAINAGRO;
  20. (20) Edison Ariel, 17 October 2000, member of SINTRAINAGRO;
  21. (21) Víctor Alfonso Vélez Sánchez, January 2000, member of the Córdoba Teachers’ Association;
  22. (22) Darío de Jesús Borja, 1 April 2000, member of ADIDA;
  23. (23) Henry Ordóñez, 20 August 2000, member of the Meta Teachers’ Association;
  24. (24) Leonardo Betancourt Méndez, 22 August 2000, member of the Risaralda Teachers’ Union;
  25. (25) Luis Hernán Campano Guzmán, member of AICA, affiliate of FECODE, in the municipality of Florencia, 8 June 2000, in the Department of Caquetá by paramilitaries;
  26. (26) Javier Jonás Carbono Maldonado, Secretary General of SINTRAELECOL, in Santa Marta, 9 June 2000;
  27. (27) Candelaria Florez, wife of Alberto Ruiz Guerra, member of ADEMACOR, affiliate of FECODE, 17 June 2000, by paramilitaries;
  28. (28) Francisco Espadín Medina, member of SINTRAINAGRO, 7 September 2000, in the municipality of Turbo;
  29. (29) William Iguarán Cottes, member of SINTRAUNICOL, 11 September 2000, in Montería by paramilitaries;
  30. (30) Miguel Angel Pérez, member of SINTRASINTETICOS, 11 September 2000, in Medellín;
  31. (31) Alfredo Germán Delgado Ordóñez, member of SIMANA, affiliate of FECODE, 13 November 2000, in the Department of Nariño, presumed by paramilitaries;
  32. (32) Jairo Vicente Vallejo Champutics, member of SIMANA, affiliate of FECODE, 13 November 2000, in the Department of Nariño;
  33. (33) Carlos Cordero, member of ANTHOC, 6 December 2000, in Peñas Blancas, by paramilitaries;
  34. (34) Gabriela Galcano, official of ANTHOC, 9 December 2000, in Cúcuta, by paramilitaries;
  35. (35) Ricardo Florez, member of SINTRAPALMA, 8 January 2001;
  36. (36) Arturo Alarcón, member of ASOINCA, affiliate of FECODE, 18 January 2001, in the municipality of Piendamó, by paramilitaries;
  37. (37) Jairo Cubides, member of SINTRADEPARTAMENTO, 21 January 2001, in Cali, the murder coincided with the change in the executive board of the union, when the previous executive board was in the process of being recognized by the Ministry of Labour;
  38. (38) Carlos Humberto Trujillo, member of ASONAL JUDICIAL, 26 January 2001, in the municipality of Buga;
  39. (39) Elsa Clarena Guerrero, member of ASINORT, 28 January 2001, in the municipality of Ocaña at a military roadblock;
  40. (40) Carolina Santiago Navarro, member of ASINORT, 28 January 2001, in the municipality of Ocaña;
  41. (41) Alfonso Alejandro Naar Hernández, member of ASEDAR, affiliate of FECODE, 8 February 2001, in the municipality of Arauca;
  42. (42) Alfredo Florez, member of SINTRAPROACEITES, 11 February 2001, in the municipality of Puerto Wilches, by paramilitaries;
  43. (43) Nilson Martínez Peña, member of SINTRAPALMA, 12 February 2001, in the municipality of Puerto Wilches, by paramilitaries;
  44. (44) Raúl Gil, member of SINTRAPALMA, 11 February 2001, in the municipality of Puerto Wilches;
  45. (45) Pablo Padilla, Vice-President of SINTRAPROACEITES, San Alberto Branch, in the municipality of San Alberto, 16 February 2001, by paramilitaries;
  46. (46) Julio Cesar Díaz Quintero, member of SINTRAISS, in Barrancabermeja, 16 February 2001, by paramilitaries;
  47. (47) Cándido Méndez, member of SINTRAMIENERGETICA, La Loma Branch, in the municipality of Chiriguaná, on 18 February 2001;
  48. (48) Edgar Manuel Ramírez Gutiérrez, Vice-President of SINTRAELECOL, North Santander Branch, in Concepción, on 22 February 2001. He had been abducted by paramilitaries the previous day and had received threats because he was a prominent leader at the time of the crime;
  49. (49) Víctor Carrillo, official of SINTRAELECOL, in the municipality of Málaga, on 1 March 2001, at a paramilitary roadblock;
  50. (50) Darío Hoyos Franco, trade union official and supporter of farmworkers’ struggles, on 3 March 2001, in the municipality of Fusagasugá;
  51. (51) Jaime Orcasitas, Vice-President of SINTRAMIENERGETICA, in the Loma de Potrerillo coal mine, on 12 March 2001, in the same circumstances and conditions as the previous trade union official;
  52. (52) Rafael Atencia Miranda, member of the Petroleum Industry Workers’ Trade Union (USO), in the municipality of Barrancabermeja, on 18 March 2001, by paramilitaries and with obvious signs of torture;
  53. (53) Jaime Sánchez, member of SINTRAELECOL, on 20 March 2001, in the municipality of Sabana by paramilitaries;
  54. (54) Andrés Granados, member of SINTRAELECOL, on 20 March 2001, in the municipality of Sabana by paramilitaries;
  55. (55) Juan Rodrigo Suárez Mira, member of ADIDA, delegate to the Congress of the Colombian Teachers’ Federation, in Medellín, on 21 March 2001 by paramilitaries;
  56. (56) Alberto Pedroza Lozada, on 22 March 2001;
  57. (57) Luis Pedraza, member of USO, in the municipality of Arauca, on 24 March 2001, by paramilitaries;
  58. (58) Robinson Badillo, official of SINTRAEMSDES, in Barrancabermeja, on 26 March 2001, by paramilitaries;
  59. (59) Mario Ospina, member of ADIDA-FECODE, in the municipality of Santa Bárbara, on 27 March 2001;
  60. (60) Jesús Antonio Ruano, member of ASEINPEC, in the municipality of Palmira, on 27 March 2001;
  61. (61) Aldo Mejía Martínez, President of SINTRACUEMPONAL, Codazzi Branch, in the municipality of Codazzi, on 4 April 2001, by paramilitaries;
  62. (62) Saulo Guzmán Cruz, President of the Aguachica Health Workers’ Union, in the municipality of Aguachica, on 11 April 2001, by paramilitaries;
  63. (63) Francisco Isaías Cifuentes, member of ASIOINCA, affiliate of FECODE, in Popayán, on 26 April 2001, by paramilitaries. He had been displaced from the municipality of Cajibío due to his activities as a leader of the farmworkers’ march in 1999 in the Colombian highlands region;
  64. (64) Leyder María Fernández Cuellar, wife of the above, on 26 April 2001;
  65. (65) Frank Elías Pérez Martínez, member of ADIDA-FECODE, between the municipalities of Santa Ana and Granada, on 27 April 2001;
  66. (66) Darío de Jesús Silva, member of ADIDA-CUT, in the municipality of Sabaneta, on 2 May 2001;
  67. (67) Juan Carlos Castro Zapata, member of ADIDA-CUT, in the municipality of Copacabana, 9 May 2001;
  68. (68) Eugeniano Sánchez Díaz, President of SINTRACUEMPONAL, in the municipality of Codazzi, on 10 May 2001;
  69. (69) Julio Alberto Otero, member of ASPU-CUT, in Santa Marta, on 14 May 2001, by paramilitaries;
  70. (70) Miguel Antonio Zapata, President of ASPU, Caquetá Branch, in Valledupar, on 16 May 2001, by paramilitaries;
  71. (71) Carlos Eliécer Prado, member of SINTRAEMCALI, in Cali, on 21 May 2001, by paramilitaries;
  72. (72) Henry Jiménez Rodríguez, member of SINTRAEMCALI, in Cali, on 25 May 2001;
  73. (73) Nelson Narváez, official of SINTRAUNICOL, in Montería, on 29 May 2001, in the Department of Córdoba;
  74. (74) Humberto Zárate Triana, member of SINTRAOFICIALES, in Villavicencio, on 5 June 2001, in the Department of Meta;
  75. (75) Gonzalo Zárate Triana, official of ASCODES, in Villavicencio, on 5 June 2001, in the Department of Meta;
  76. (76) Manuel Enrique Charris Ariza, member of SINTRAMIENERGETICA, in the municipality of Soledad, on 11 June 2001, in the Department of Atlántico;
  77. (77) Edgar Thomas Angarita Mora, member of ASEDAR and FECODE, in the Department of Arauca, on 12 June 2001, after taking part in a barricade on the Vía Fortul Sarabena in protest against draft law 012;
  78. (78) Samuel Segundo Peña Sanguino, member of SINTRAMIENERGETICA, disappeared on 17 June 2001 in the Department of Magdalena, and was found dead on 19 June 2001 in the Department of Magdalena;
  79. (79) Oscar Darío Soto Polo, President of SINALTRAINBEC and Vice-President of COMFACOR, in Montería, on 21 June 2001, in the Department of Córdoba, while he was discussing a package of conditions with the multinational Coca Cola, where he was participating as a negotiator before the break-off of discussions on the trade union demands concerning the employer’s responsibility for security measures for trade union officials in performing their functions and guaranteeing freedom of association in the company;
  80. (80) Germán Carvajal Ruiz, President of the executive subcommittee of SUTEV, Obando Branch, FECODE-CUT, on 6 July 2001, in the Department of Valle del Cauca. Because of his dedication to the trade union movement, he was declared a military target in the Department of Caquetá, for which reason he was forced to arrange his transfer to the Department of Valle del Cauca where he was finally executed;
  81. (81) Isabel Pérez Guzmán, member of SINTRAREGINAL, on 8 July 2001, Department of Sucre;
  82. (82) Hugo Cabezas, member of SIMANA-FECODE, on 9 July 2001, in the Department of Nariño;
  83. (83) James Urbano, official of the El Valle Workers’ Trade Union, affiliate of the CGTD, on 12 July 2001, in the Department of Valle del Cauca;
  84. (84) Saúl Alberto Colpas Castro, President of SINTRAGRICOLAS-FENSUAGRO, on 13 July 2001, in the Department of Atlántico;
  85. (85) Lucila Rincón, activist in ANTHOC-CUT, on 16 July 2001, in the Department of Tolima, by paramilitaries together with other members of her family when they were searching for another family member in captivity;
  86. (86) Obdulia Martínez, member of EDUCESAR-FECODE-CUT, on 22 July 2001, in the Department of César;
  87. (87) María Helena Ortiz, special prosecutor, member of ASONAL-CUT, on 28 July 2001, in the Department of Santander; her husband, Néstor Rodríguez, and her son were seriously wounded;
  88. (88) Segundo Florentino Chávez, Secretary-General of the Union of Local Government Officials and Public Employees of the municipality of Dagua, on 13 August 2001, in the Department of Valle del Cauca. He had been the victim of numerous threats and had urgently requested the establishment of security arrangements for trade union officials. A scheme was approved on 10 July 2001, but subject to budgetary approval;
  89. (89) Miryam de Jesús Ríos Martínez, member of ADIDA, on 16 August 2001, in the Department of Antioquía;
  90. (90) Manuel Pájaro Peinado, Treasurer of the Barranquilla District Union of Civil Servants (SINDIBA), on 16 August 2001, in the Department of Atlántico. He had asked to be included in the Ministry of the Interior’s protection programme but had not received any reply. His murder occurred at a time when the trade union was making a series of protests against the application of Law No. 617 by the district administration, aimed at mass dismissals of workers;
  91. (91) Doris Lozano Núñez, member of SINTRAEMECOL, on 16 August 2001;
  92. (92) Héctor Eduardo Cortés Arroyabe, member of ADIDA-CUT, disappeared on 16 August 2001 and was found dead on 18 August 2001 in the Department of Antioquía;
  93. (93) Fernando Euclides Serna Velásquez, member of the collective security scheme of national CUT in Bogotá, disappeared on 18 August 2001, and was found murdered the following day in the Department of Cundinamarca. He was a member of the CUT collective security scheme;
  94. (94) Evert Encizo, member of the Meta Teachers’ Association (ADEM-CUT), on 22 August 2001, in the Department of Meta. He was a teacher working with forcibly displaced persons;
  95. (95) Yolanda Paternina Negrete, member of ASONAL-CUT, on 29 August 2001, in the Department of Sucre. She was a special judge for public order matters and was responsible for numerous high-risk proceedings;
  96. (96) Miguel Chávez, member of ANTHOC-CUT, on 30 August 2001, in the Department of Cauca;
  97. (97) Manuel Ruiz, CUT trade union official, on 26 September 2001, in the Department of Córdoba;
  98. (98) Ana Ruby Orrego, member of the El Valle Single Education Workers’ Trade Union (SUTEV-CUT), on 3 October 2001, in the Department of Valle del Cauca;
  99. (99) Gustavo Soler, official of the National Union of Workers in the Mining and Power Industry, on 6 October 2001, in the Department of César;
  100. (100) Jorge Iván Rivera Manrique, member of the Risaralda Teachers’ Trade Union (SER-CUT), on 10 October 2001, in the Department of Risaralda;
  101. (101) Cervando Lerma, member and prominent activist in USO-CUT, on 10 October 2001, in the Department of Santander;
  102. (102) Ramón Antonio Jaramillo, prosecutor, member of SINTRAEMSDES-CUT, on 10 October 2001, in the Department of Valle del Cauca, when paramilitaries were carrying out a massacre in the region;
  103. (103) Jairo Valbuena, prosecutor, member of SINTRAEMSDES-CUT, on 10 October 2001;
  104. (104) Luis López and Luis Anaya, President and Treasurer of the San Silvestre Union of Transport Drivers and Workers (SINCOTRAINDER-CUT), on 16 October 2001, in the Department of Santander;
  105. (105) Arturo Escalante Moros, member of USO, disappeared on 27 September 2001 and was found dead on 19 October 2001;
  106. (106) Luis José Mendoza Manjares, member of the executive board of the Trade Union Association of University Teachers (ASPU-CUT), on 22 October 2001, in the Department of César;
  107. (107) Martín Contreras Quintero, prosecutor and founder of SINTRAELECOL-CUT, on 23 October 2001, in the Department of Sucre;
  108. (108) Ana Rubiela Villada, member of the El Valle Single Education Workers’ Trade Union (SUTEV-CUT), disappeared on 27 September 2001 in the Department of Valle del Cauca and was found dead on 26 October 2001;
  109. (109) Sandro Antonio Ríos Rendón, member of SINTRAEMSDES-CUT, on 30 October 2001;
  110. (110) Carlos Arturo Pinto, member of the National Association of Civil Servants and Judicial Employees (ASONAL-CUT), on 1 November 2001, in Cúcuta, Department of North Santander;
  111. (111) Pedro Cordero, member of the Nariño Teachers’ Trade Union, on 9 November 2001, in the Department of Nariño;
  112. (112) Luis Alberto Delgado, member of the Nariño Teachers’ Trade Union (SIMANA-CUT), on 10 November 2001, in the Department of Nariño. Mr. Delgado had been the victim of an attempted murder the previous day in the municipality of Tuquerres, Department of Nariño;
  113. (113) Edgar Sierra Parra, member of ANTHOC-CUT, was abducted on 3 October 2001 in the municipality of Tame, Department of Aranca and was found dead on 10 November 2001 in the municipality of Rondón, Department of Arauca, with signs of torture;
  114. (114) Hoover de Jesús Galeanúm, member of the Pereira subcommittee of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES-CUT), workers’ delegate and great activist, on 11 November 2001, in the Department of Risaralda;
  115. (115) Tirso Reyes, member of the Bolívar Single Teachers’ Union (SUDEB-CUT), on 2 November 2001, in the Department of Bolívar;
  116. (116) Emiro Enrique Pava de la Rosa, official of the Magdalena Medio subcommittee of USO, on 13 November 2001, in the Department of Antioquía;
  117. (117) Diego de Jesús Botero Salazar, trade unionist in Valle del Cauca, prosecutor in the municipal subcommittee, on 14 November 2001, in Valle del Cauca;
  118. (118) Gonzalo Salazar, President of the Single Union of Policemen of Colombia, SINUVICOL-CUT, on 24 November 2001, in Cali;
  119. (119) Jorge Eliécer González, President of the Natagaima Branch of ANTHOC-CUT, was abducted and murdered on 25 November 2001, with signs of severe torture, in the Department of Tolima;
  120. (120) Javier Cote, Treasurer of the National Association of Civil Servants and Judicial Employees (ASONAL-CUT), on 3 December 2001, in the Department of Magdalena;
  121. (121) Aury Sará Marrugo, President of the Cartagena Branch of the Petroleum Industry Workers’ Trade Union (USO), found dead at the beginning of December 2001, after being abducted on 30 November 2001 by paramilitaries of the AUC (Autodefensas Unidas de Colombia) in the presence of two police officers in the town of Cartagena. The AUC leader called him a member of the guerrillas and demanded the presence of the High Commissioner for Peace for his release. Mr. Sará Marrugo always stood out for his leadership in defence of workers’ rights;
  122. (122) Enrique Arellano, bodyguard of the above, found dead at the beginning of December 2001;
  123. (123) Magnolia Plazas Cárdenas, member of ASONAL-CUT, on 5 December 2001, in the Department of Caquetá;
  124. (124) Francisco Eladio Sierra Vásquez, President of the executive committee of the Andean Branch of the Antioquía Union of Municipal Officials (SINTRAOFAN-CUT). The members of the executive committee had been summoned by the AUC in Farallones de Bolívar (Department of Antioquía). At that meeting, each of the officials was called by name and interrogated about his function in the trade union and his union responsibilities, after which Mr. Sierra Vásquez was taken away and murdered. At the same meeting, the commander, “Manuel”, a member of that paramilitary organization interrogated and questioned José David Taborda, a second member of the central executive committee. All the members of the committee are constantly threatened;
  125. (125) Edgar Herrán, President of the National Union of Drivers (SINDINALCH), Villavicencio Branch, on 26 December 2001;
  126. (126) Carlos Alberto Bastidas Corral, member of the Nariño Teachers’ Union (SIMANA-CUT) on 8 January 2002;
  127. (127) Luis Alfonso Jaramillo Palacios, delegate of the Medellín Branch of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES-CUT), on 11 January 2002, in Medellín, Department of Antioquía, murdered for his defence of the workers;
  128. (128) Enoc Samboni, CUT official, on 12 January 2002, in the Department of Cauca, by paramilitaries who stole his trade union papers. Enoc Samboni was involved in the Ministry of the Interior protection programme and the Inter-American Human Rights Commission of the Organization of American States, and had asked for protection measures;
  129. (129) Sister María Ropero, former President of the Community Mothers Trade Union (SINDIMACO-CUT), on 16 January 2002, in Cúcuta by paramilitary groups. Sister Ropero was noted for her hard work in support of the human rights of workers and children and had received several death threats.
• Attempted murders
  1. (1) Albeiro González García, President of ASODEFENSA, coffee sector, was ordered to a war zone although he was not a soldier, and refused. He was then victim of an attack on 24 September 1998; he is now in exile in Europe;
  2. (2) Ricardo Herrera, official of SINTRAEMCALI, was the victim of an attack in Cali, on 19 September 2000;
  3. (3) Wilson Borja Díaz, President of the Federation of Workers in the State Service (FENALTRASE), on 14 December 2000 was intercepted by hired assassins who shot at him, causing serious injuries. He is now in a critical condition under medical supervision;
  4. (4) Gustavo Alejandro Castro Londoño, official of the Region 1 executive committee of CUT in Meta. An attempt was made on his life on 15 January 2001 in the town of Villavicencio. He is in hospital;
  5. (5) Ricardo Navarro Bruges, President of the Union of Workers of the University of Santa Marta (SINTRAUNICOL), on 12 January 2001;
  6. (6) Ezequiel Antonio Palma, former official of the Yumbo Union of Municipal Workers, on 11 January 2001;
  7. (7) César Andrés Ortiz, member of the CGTD, on 26 December 2000;
  8. (8) Héctor Fabio Monroy, member of AICA-FECODE, was the victim of a gunshot attack on 23 February 2001;
  9. (9) María Elisa Valdés Morales, President of SINDESS, Dauga Branch, Valle del Cauca, on 26 March 2001;
  10. (10) Attack on the executive board of SINTRAEMCALI in the outskirts of the town of Cali, when they were attending a working group to make proposals concerning the Cali Enterprise Recovery Plan, on 10 June 2001;
  11. (11) María Emma Gómez de Perdomo, member of ANTHOC, was the victim of an attack in which she was wounded by four bullets, in the town of Honda, on 13 June 2001;
  12. (12) Clemencia del Carmen Burgos, member of ASONAL-CUT, was investigating the financing networks of the AUC self-defence groups, on 11 July 2001;
  13. (13) Jhon Jairo Ocampo Franco, trade union official and teacher, on 9 August 2001;
  14. (14) Omar García Angulo, member of SINTRAEMECOL, on 16 August 2001;
  15. (15) Carlos Arturo Mejía Polanco, member of the Yumbo Branch subcommittee of the Single Union of Workers in the Construction Materials Industry (SUTIMAC-CUT), on 16 November 2001;
  16. (16) Daniel Orlando Gutiérrez Ramos, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 3 January 2002;
  17. (17) Sigilfredo Grueso, activist in the Cali Municipal Enterprises Union (SINTRAEMCALI), on 10 January 2002.
• Abductions and disappearances
  1. (1) Alexander Cardona, USO official;
  2. (2) Ismael Ortega, Treasurer of SINTRAPROACEITES, San Alberto (César);
  3. (3) Walter Arturo Velásquez Posada, of the Nueva Floresta School, in the municipality of El Castillo, in the El Ariari Educational District, Department of Meta;
  4. (4) Gilberto Agudelo, President of the National Union of University Workers of Colombia (SINTRAUNICOL);
  5. (5) Nefatalí Romero Lombana of Aguazúl (Casanare) and Luis Hernán Ramírez, teacher from Chámeza (Casanare), members of SIMAC-FECODE;
  6. (6) Roberto Cañarte M., member of SINTRAMUNICIPIO, Bugalagrande, in the Paila Arriba estate (Valle);
  7. (7) Germán Medina Gaviria, member of the Cali Municipal Enterprises Union (SINTRAEMCALI), on 14 January 2001, in the neighbourhood of El Porvenir, town of Cali;
  8. (8) Julio César Jaraba, member of SINTRAISS, disappeared on 23 February 2001;
  9. (9) Gerzain Hernández Giraldo, member of SINTRAELECOL, on 24 February 2001;
  10. (10) Jaime Duque Castro, President of the Single Union of Workers in the Construction Materials Industry (SUTIMAC), Santa Barbara Branch, abducted on 24 March 2001;
  11. (11) Paula Andrea Gómez Mora (daughter of Edinson Gómez, member of SINTRAEMCALI, who was threatened on several occasions), abducted on 18 April 2001 and released on 20 April 2001;
  12. (12) Eumelia Aristizabal, member of ADIDA, disappeared on 19 April 2001;
  13. (13) Rosa Cecilia Lemus Abril, official of FECODE, attempted abduction foiled on 14 May 2001;
  14. (14) William Wallens Villafañe, member of USO, disappeared on 29 May 2001, in the Department of Santander;
  15. (15) Six workers in public enterprises in Medellín belonging to SINTRAEMSDES, were abducted in the Department of Antioquía on 12 June 2001;
  16. (16) William Hernández, disappeared on 22 June 2001 in the Department of César;
  17. (17) Rodrigo Aparicio, disappeared on 22 June 2001 in the Department of César;
  18. (18) Eduardo Franco, disappeared on 22 June 2001 in the Department of César;
  19. (19) Jaime Sampayo, disappeared on 22 June 2001 in the Department of César;
  20. (20) Julio Cabrales, disappeared on 22 June 2001 in the Department of César;
  21. (21) Cristobal Uribe Beltrán, member of ANTHOC-CUT, abducted on 27 June 2001;
  22. (22) Diego Quiganas González, member of SINTRAEMCALI, disappeared on 29 June 2001;
  23. (23) Cristina Echeverri Pérez, member of EDUCAL-CUT, on 1 July 2001, near the town of Manizales;
  24. (24) Alfonso Mejía Urión, member of ADUCESAR-FECODE-CUT, disappeared on 4 July 2001;
  25. (25) Jairo Tovar Díaz, member of ADUCESAR-FECODE-CUT, on 29 July 2001, near the municipality of Galeras;
  26. (26) Julio Enrique Carrascal Puentes, member of the national executive committee of CUT, abducted on 10 August 2001;
  27. (27) Winston Jorge Tovar, member of ASONAL-CUT, abducted near the municipality of Dagua;
  28. (28) Alvaro Alberto Agudel Usuga, member of ASONAL-CUT, disappeared on 20 August 2001;
  29. (29) Jorge Feito Romero, member of the Association of Pensioners of the University of Atlántico (ASOJUA), on 28 August 2001;
  30. (30) Carmen Pungo and Ricaurte Jaunten Pungo, officials of ANTHOC-CUT, on 2 September 2001;
  31. (31) Alvaro Laiton Cortés, President of the Boyacá Teachers’ Union, on 2 September 2001, released shortly after being abducted;
  32. (32) Marco Tulio Agudero Rivero, ASONAL-CUT, in the municipality of Cocorna, on 5 October 2001;
  33. (33) Iván Luis Beltrán, member of the executive committee of FECODE-CUT, on 10 October 2001;
  34. (34) Julio Ernesto Cevallos Guzmán, member of ADIDA-CUT, on 15 October 2001;
  35. (35) Carlina Ballesteros, member of the Bolívar Single Teachers’ Union (SUDEB-CUT), on 5 November 2001;
  36. (36) Jorge Enrique Posada, member of ASONAL, on 5 November 2001;
  37. (37) Jhon Jaimes Salas Cardona, delegate of ADIDA-CUT, on 26 November 2001;
  38. (38) Leonardo Avendaño, activist of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES-CUT), on 5 January 2002;
  39. (39) Carlos Arturo Alarcón Vera, member of the Antioquía Teachers’ Association (ADIDA-CUT), on 12 January 2002.
• Death threats
  1. (1) Juan de la Rosa Grimaldos, President of ASEINPEC;
  2. (2) María Clara Baquero Samiento, President of ASODEFENSA;
  3. (3) Giovanni Uyazán Sánchez;
  4. (4) Alirio Uribe Muñoz, member of the "José Alvear Restrepo" Society of Lawyers;
  5. (5) Reinaldo Villegas Vargas, member of the "José Alvear Restrepo" Society of Lawyers;
  6. (6) The following officials and members of USO: Carlos Oviedo, César Losa, Ismael Ríos, José Meneses, Julio Saldaña, Ladislao Rodríguez, Luis Linares, Rafael Ortiz, Ramiro Luna;
  7. (7) Rosario Vela, member of SINTRADEPARTAMENTO;
  8. (8) Numerous officials and members of FECODE;
  9. (9) Jorge Nisperuza, President of the CUT subcommittee, Córdoba;
  10. (10) María de Jesús Castañeda, President of the CUT subcommittee, Huila;
  11. (11) Gerardo Rodrigo Genoy Guerrero, President of the National Union of Workers, SINTRABANCOL;
  12. (12) Otoniel Ramírez, President of the CUT subcommittee, Valle;
  13. (13) José Rodrigo Orozco, member of the CUT-CAUCA executive board;
  14. (14) Against SINTRHOINCOL workers on 9 July 2001;
  15. (15) Leonel Pastas, official of the National Colombian Institute for Agrarian Reform (INCORA), on 14 August 2001;
  16. (16) Rusbel, INCORA official, on 14 August 2001;
  17. (17) Edgar Púa and José Merino, Treasurer and Prosecutor of ANTHOC, on 16 August 2001;
  18. (18) Gustavo Villanueva, ANTHOC official, on 16 August 2001;
  19. (19) Jesús Tovar and Ildis Jarava, ANTHOC officials, were followed by heavily armed men from 16 August 2001;
  20. (20) Workers in the Union of Local Government Officials and Public Employees of Antioquía (SINTRAOFAN) were intimidated by paramilitaries to make them give up their trade union membership;
  21. (21) Aquiles Portilla, FECODE official, victim of pursuit on 29 August 2001;
  22. (22) Edgar Mojico and Daniel Rico, President and Press Secretary respectively of the Petroleum Industry Workers’ Trade Union (USO), threatened by AUC members;
  23. (23) Hernando Montoya, official of SINTRAMUNICIPIO, Cartago, received threats on 7 September 2001 from a security cooperative allegedly responsible for the murder of other officials;
  24. (24) Over Dorado Cardona, official of ADIDA, on 19 September 2001;
  25. (25) Julián Cote, Fredys Rueda and Rafael Jaime of USO received threats on 20 September 2001;
  26. (26) Orlando Herrán, Rogelio Pérez Gil, Edgar Alvarez Cañizales, Dalgy Barrera Gamez, Jorge Vázquez Nivia, Javier González, Humberto Castro, Cervulo Bautista Matoma, members of the CGTD, received threats and were the victims of pursuit;
  27. (27) Jaime Goyes, Jairo Roseño, Rosalba Oviedo, Pedro Layton, Ricardo Chávez, Diego Escandón, Luis Ortega, trade union officials in the Department of Nariño, were threatened with death by the AUC on 8 October 2001;
  28. (28) On 26 October 2001, the entire executive board of SINTRAVIDRICOL-CUT was threatened with death;
  29. (29) Jorge Eliécer Londoño, member of SINTRAEMSDES-CUT, received death threats on 2 November 2001;
  30. (30) Carlos Alberto Florez Loaiza, member of the national executive board of the Union of Workers and Employees in the Public Services, Agencies and Decentralized Institutions of Colombia (SINTRAEMSDES), on 5 January 2002;
  31. (31) José Homer Moreno Valencia, member of SINTRAEMSDES-CUT, on 10 January 2002.
• Harassment
  1. (1) Esperanza Valdés Amortegui, Treasurer of ASODEFENSA, victim of illegal espionage through the installation of microphones in her workplace;
  2. (2) Henry Armando Cuéllar Valbuena, harassed and physically assaulted;
  3. (3) Carlos González, President of the Union of University Workers of El Valle, assaulted by police, on 1 May 2001;
  4. (4) Freddy Ocoro, President of the Bugalagrande Union of Municipal Workers, assaulted by police, on 1 May 2001;
  5. (5) Jesús Antonio González, director of the CUT Department of Human and Trade Union Rights, assaulted by police, on 1 May 2001.
• Sending civilians to war zones
• In the Ministry of Defence, as a means of anti-trade union harassment, civilians continue to be forced to go to war zones wearing military uniform, without weapons or military training. The following people have been subjected to this;
  1. (1) Carlos Julio Rodríguez García, member of ASODEFENSA;
  2. (2) José Luis Torres Acosta, member of ASODEFENSA;
  3. (3) Edgardo Barraza Pertuz;
  4. (4) Carlos Rodríguez Hernández;
  5. (5) Juan Posada Barba.
• Detentions
  19. On 19 October 2001, the following USO officials (active and retired): Edgar Mojica, Luis Viana, Ramón Rangel, Jairo Calderón, Alonso Martínez and Fernando Acuña, former President of FEDEPETROL.
• Annex II
• Acts of violence against trade union officials or members for which the Government has sent its observations
• Javier Suárez, Germán Valderrana Soto, Guillermo Adolfo Parra López, Mauricio Vargas Pabón, Jesús Orlando Crespo García, Danilo Francisco Maestre Montero, Marelvis Esther Solano, Leominel Campo Núñez, Franklyn Moreno Torres, Fabio Santos Gaviria, Aníbal Zuluaga, Guillermo Molina Trujillo, Darío de Jesús Agudelo Bohórquez, Melva Muñoz López, Juan José Neira, Justiniano García, Iván Francisco Hoyos, José Atanasio Fernández Quiñónez, Margarita María Pulgarín Trujillo, Julio César Betancourt, Islem de Jesús Quintero, Alejandro Alvarez Isaza, César Wilson Cortes, Rómulo Gamboa, José Antonio Yandú, Gonzalo Serna, James Antonio Pérez Chima, Jesús María Cuellar, Juan Castulo Jiménez Gutiérrez, Esneda de las Mercedes Monsalve Hoguín, Humberto Guerrero Porras, Milton Cañas Rojas, Yimi Alexander Hincapié Acevedo, Gloria Nubia Uran Lezcano, Ramiro de Jesús Zapata, Carmen Emilia Rivas, Omar Darío Arias Salazar, Nelson Arturo Romero Romero, Abel María Sánchez Salazar, Luis Hernán Campano Guzmán, José Aristides Velásquez Hernández, Candelaria Florez, Robert Cañarte Montealegre, Basislides Quiroga, Miguel Angel Barreto Racine, Vicente Romaña, Crus Orlando Benítez Hernández, Rubén Darío Guerrero Cuentas, Sergio Uribe Zuluaga, Moisés Sanjuán López, Alejandro Vélez Jaramillo, Argemiro Albo Torregrosa, Hugo Alfonso Iguarán Cotes, Efraín Becerra, Omar de Jesús Noguera, Reynaldo Acosta Celemín, Alfredo Castro Haydar, María Nelcy Mora Hincapié, Hernán Betancourt, Luis Arcadio Ríos Muñoz, Oscar Darío Zapata Muñoz, Perdo Amado Manjarres, Luis Mesa Almanza, Bayron de Jesús Velásquez Durango, Luis Alfonso Páez Molina, Gustavo Enrique Gómez Gómez, Luis Rodrigo Restrepo Gómez, Lázaro Gil Alvarez, Bernardo Vergara Vergara, Elizabeth Cañas Cano, Alexander Mauricio Marín Salazar, José Gildardo Uribe García, Francy Uran Molina, Francisco Espadil Medina, Héctor Acuña, Gil Bernardo Rojas Olachica, Jairo Herrera, Candelario Zambrano, Alejandro Tarazaona, Humberto Peña Riaño, Edgar Arturo Burgos Ibarra, Hernando Cuartas Agudelo, Clovis Florez, Aníbal Pemberty.